This case was last updated from PACER on 10/02/2018 at 07:14:18 (UTC).

Pagan v. Berryhill

Case Summary

On 08/03/2018 Pagan filed a Government Benefit - Social Security Disability lawsuit against Berryhill. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is John G. Koeltl. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-07012

  • Filing Date:

    08/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Government Benefit - Social Security Disability

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

John G. Koeltl

 

Party Details

Plaintiff

Diana Pagan

Defendants

Social Security Administration and/or Secretary of Administration

Nancy A. Berryhill

Interested Party

Social Security Administration

Attorney/Law Firm Details

Plaintiff Attorney

Michael Robert Novasky

Attorney at Mobilization For Justice Inc.

100 William Street

New York, NY 10038

Defendant Attorney

Leslie A. Ramirez-Fisher

Attorney at United States Attorney's Office

86 Chambers Street, 3Rd Floor

New York, NY 10007

 

Court Documents

#5

(#5) STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (pne) (Entered: 08/13/2018)

#9

RESTRICTED

#11

RESTRICTED

#3

RESTRICTED

#4

RESTRICTED

#8

RESTRICTED

#12

(#12) ORDER: The parties have an option to agree to have the Magistrate Judge designated for this case decide this case. Both the plaintiff and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide the case. If the parties do not consent, then there will be no adverse consequences. If the Plaintiff wishes to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahern, Civil Clerk's Office, Office of the United State's Attorney for the Southern District of New York; 86 Chambers Street, Third Floor; New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge, and as further set forth in this order. SO ORDERED. (Signed by Judge John G. Koeltl on 9/26/2018) (jca) (Entered: 09/27/2018)

#2

RESTRICTED

#7

(#7) MEMO ENDORSEMENT on #4 REQUEST TO PROCEED IN FORMA PAUPERIS. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 9/3/2018) (mro) (Entered: 09/04/2018)

#10

RESTRICTED

 

Docket Entries

  • 10/01/2018
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  • (#13) AFFIDAVIT OF SERVICE of Summons served on Nancy Berryhill on September 10, 2018. Service was accepted by Shixi Zhang. Service was made by Mail. Document filed by Diana Pagan. (Attachments: #1 Exhibit Summons, #2 Supplement Certified Mail Receipts)(Bart, John) (Entered: 10/01/2018)

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  • 09/27/2018
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  • (#12) ORDER: The parties have an option to agree to have the Magistrate Judge designated for this case decide this case. Both the plaintiff and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide the case. If the parties do not consent, then there will be no adverse consequences. If the Plaintiff wishes to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahern, Civil Clerk's Office, Office of the United State's Attorney for the Southern District of New York; 86 Chambers Street, Third Floor; New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge, and as further set forth in this order. SO ORDERED. (Signed by Judge John G. Koeltl on 9/26/2018) (jca) (Entered: 09/27/2018)

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  • 09/19/2018
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  • (#11) NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Nancy A. Berryhill. (Ramirez-Fisher, Leslie) (Entered: 09/19/2018)

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  • 09/07/2018
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  • (#10) ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (dnh) (Entered: 09/07/2018)

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  • 09/06/2018
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  • (#9) REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner, Social Security Administration, re: #6 Complaint. Document filed by Diana Pagan. (Novasky, Michael) (Entered: 09/06/2018)

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  • 09/05/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Robert Novasky to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Include 'c/o' or 'via' before second party name (c/o Office of theRegional Chief Counsel). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 09/05/2018)

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  • 09/04/2018
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  • (#8) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner, Social Security Administration, re: #6 Complaint. Document filed by Diana Pagan. (Novasky, Michael) Modified on 9/5/2018 (dnh). (Entered: 09/04/2018)

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  • 09/04/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Robert Novasky to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason: Summons request can only be addressed to named defendants. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 09/04/2018)

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  • 09/03/2018
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  • (#7) MEMO ENDORSEMENT on #4 REQUEST TO PROCEED IN FORMA PAUPERIS. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 9/3/2018) (mro) (Entered: 09/04/2018)

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  • 08/21/2018
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  • (#6) COMPLAINT against Nancy A. Berryhill, Social Security Administration. Document filed by Diana Pagan. (Attachments: #1 Exhibit Notice of Appeals Council Action, #2 Exhibit Notice of Decision - Unfavorable)(Novasky, Michael) (Entered: 08/21/2018)

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1 More Docket Entries
  • 08/13/2018
  • ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Robert Novasky. The party information for the following party has been modified: Nancy A. Berryhill. The information for the party has been modified for the following reason: party name contained a typographical error. (pne) (Entered: 08/13/2018)

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  • 08/13/2018
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  • (#5) STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (pne) (Entered: 08/13/2018)

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  • 08/13/2018
  • Case Designated ECF. (pne) (Entered: 08/13/2018)

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  • 08/13/2018
  • Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) (Entered: 08/13/2018)

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  • 08/13/2018
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) (Entered: 08/13/2018)

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  • 08/10/2018
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  • (#4) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Diana Pagan.(Novasky, Michael) (Entered: 08/10/2018)

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  • 08/06/2018
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  • (#3) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner, Social Security Administration, re: #1 Complaint. Document filed by Diana Pagan. (Novasky, Michael) Modified on 9/4/2018 (pne). (Entered: 08/06/2018)

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  • 08/06/2018
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  • (#2) CIVIL COVER SHEET filed. (Novasky, Michael) (Entered: 08/06/2018)

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  • 08/06/2018
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  • ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Michael Robert Novasky. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 8/13/2018. (pne) (Entered: 08/06/2018)

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  • 08/03/2018
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  • (#1) FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Social Security Administration and/or Secretary of Administration. Document filed by Diana Pagan. (Attachments: #1 Exhibit Notice of Appeals Council Action, #2 Exhibit Notice of Decision - Unfavorable)(Novasky, Michael) Modified on 8/13/2018 (pne). (Entered: 08/03/2018)

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