This case was last updated from PACER on 10/02/2018 at 07:14:37 (UTC).

D'Amato v. Commissioner of the Social Security Administration

Case Summary

On 08/03/2018 D'Amato filed a Government Benefit - Social Security Disability lawsuit against Commissioner of the Social Security Administration. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Valerie E. Caproni and Barbara C. Moses. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-06998

  • 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

Valerie E. Caproni

Referral Judge

Barbara C. Moses

 

Party Details

Plaintiff and Alternative Dispute Resolution (Adr) Provider

Alexandria Noelle D'amato

Defendant

Commissioner of the Social Security Administration

Interested Party

Social Security Administration

Attorney/Law Firm Details

Plaintiff Attorney

Josephine Gottesman

Attorney at Dennis Kenny Law

288 North Plank Road

Newburgh, NY 12550

 

Court Documents

#12

RESTRICTED

#6

RESTRICTED

#3

RESTRICTED

#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) (pc) (Entered: 08/15/2018)

#2

RESTRICTED

#7

(#7) ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

#4

RESTRICTED

#11

(#11) SCHEDULING ORDER: Plaintiff shall file his or her motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The Commissioner shall file and serve her response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. No later than 21 days after the Commissioner's response is due, plaintiff shall file any reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/4/2018) (cf) (Entered: 09/04/2018)

#8

(#8) ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

#10

RESTRICTED

#1

RESTRICTED

#9

(#9) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

 

Docket Entries

  • 09/18/2018
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  • (#12) AFFIDAVIT OF SERVICE of Summons and Complaint. Commissioner of the Social Security Administration served on 9/5/2018, answer due 9/26/2018. Service was made by Mail. Document filed by Alexandria Noelle D'Amato. (Gottesman, Josephine) (Entered: 09/18/2018)

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  • 09/04/2018
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  • (#11) SCHEDULING ORDER: Plaintiff shall file his or her motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The Commissioner shall file and serve her response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. No later than 21 days after the Commissioner's response is due, plaintiff shall file any reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/4/2018) (cf) (Entered: 09/04/2018)

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  • 08/29/2018
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  • (#10) ELECTRONIC SUMMONS ISSUED as to Commissioner of the Social Security Administration. (dnh) (Entered: 08/29/2018)

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  • 08/28/2018
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  • (#9) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

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  • 08/28/2018
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  • (#8) ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

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  • 08/28/2018
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  • (#7) ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Valerie E. Caproni on 8/28/2018) (kgo) (Entered: 08/29/2018)

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  • 08/28/2018
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  • (#6) REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of the Social Security Administration, re: #1 Complaint. Document filed by Alexandria Noelle D'amato. (Gottesman, Josephine) (Entered: 08/28/2018)

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  • 08/15/2018
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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) (pc) (Entered: 08/15/2018)

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  • 08/15/2018
  • Case Designated ECF. (pc) (Entered: 08/15/2018)

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  • 08/15/2018
  • Magistrate Judge Barbara C. Moses 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. (pc) (Entered: 08/15/2018)

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  • 08/15/2018
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pc) (Entered: 08/15/2018)

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  • 08/07/2018
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  • (#4) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Alexandria Noelle D'amato.(Gottesman, Josephine) (Entered: 08/07/2018)

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  • 08/07/2018
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  • ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Josephine Gottesman. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; the caption on the Request to Proceed In Forma Pauperis (IFP Request) does not exactly match the caption on the pleading; plaintiff name contains a typographical error. If the filing fee is not paid within five (5) days, or a corrected IFP Request is not filed, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 8/13/2018. (pne) (Entered: 08/07/2018)

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  • 08/06/2018
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  • (#3) FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Alexandria Noelle D'amato.(Gottesman, Josephine) Modified on 8/7/2018 (pne). (Entered: 08/06/2018)

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

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  • 08/06/2018
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  • (#1) COMPLAINT against Commissioner of the Social Security Administration. Document filed by Alexandria Noelle D'amato.(Gottesman, Josephine) (Entered: 08/06/2018)

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  • 08/06/2018
  • ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Josephine Gottesman to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 8/13/2018. (pne) (Entered: 08/06/2018)

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