Rodriguez v. Commissioner of Social Security

New York Southern District Court
Judge:Valerie E Caproni
Referred: Kevin Nathaniel Fox
Case #: 1:19-cv-02196
Nature of Suit863 Social Security - DIWC/DIWW (405(g))
Cause42:405 Review of HHS Decision (DIWW)
Case Filed:Mar 11, 2019
Terminated:Aug 01, 2019

Create an account to get the full party report for this case.



Docket last updated: 09/21/2026 11:59 PM EDT
Tuesday, November 26, 2019
26 26 order Stipulation and Order ~Util - Terminate Motions Wed 11/27 3:28 PM
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the parties, that Defendant shall pay Plaintiff the sum of one thousand three hundred thirty-four dollars and fifty-nine center ($1,334.59) in attorney's fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, and four hundred dollars and no cents ($400.00) in costs to be paid from the Judgment Fund pursuant to 28 U.S.C. § 1920, in full satisfaction of any and all claims made under the EAJA in connection with this action. Fees and expenses may be paid to Plaintiff's counsel if Plaintiff has so agreed in writing, and Plaintiff owes no debt to the federal government that is subject to offset. SO ORDERED., Motions terminated:19 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Cecilia Rodriguez. (Signed by Judge Valerie E. Caproni on 11/26/2019) (ama)
Related: [-]
25 25 misc Proposed Stipulation and Order Tue 11/26 5:02 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security. (Parsels, Amanda)
Related: [-]
Friday, November 08, 2019
24 24 order Order on Motion for Extension of Time Fri 11/08 10:02 AM
ORDER granting22 Letter Motion for Extension of Time to November 21, 2019, to respond to the plaintiff's motion for attorney's fees. Any reply shall be filed on or before December 2, 2019. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
Related: [-]
Thursday, November 07, 2019
23 23 order Amended Order Referring Case to Magistrate Judge Thu 11/07 12:15 PM
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security and Specific Non-Dispositive Motion/Dispute: Motion for Attorney's Fees (Dkt. 19). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Valerie E. Caproni on 11/07/2019) (ama)
Related: [-]
Wednesday, November 06, 2019
22 22 motion Extension of Time Wed 11/06 4:37 PM
LETTER MOTION for Extension of Time to File Response to EAJA Motion addressed to Judge Valerie E. Caproni from Amanda F. Parsels dated November 6, 2019. Document filed by Commissioner of Social Security.(Parsels, Amanda)
Related: [-]
Thursday, October 24, 2019
21 21 respm Memorandum of Law in Support of Motion Thu 10/24 11:44 AM
MEMORANDUM OF LAW in Support re:19 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 . . Document filed by Cecilia Rodriguez. (Olinsky, Howard)
Related: [-]
20 20 respm Affirmation in Support of Motion Thu 10/24 11:43 AM
AFFIRMATION of Howard D. Olinsky, Esq. in Support re:19 FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 .. Document filed by Cecilia Rodriguez.(Olinsky, Howard)
Related: [-]
Att: 1 Exhibit A CPI Table,
Att: 2 Exhibit B All Professional Time,
Att: 3 Exhibit C Attorney Time,
Att: 4 Exhibit D Paralegal Time,
Att: 5 Exhibit E Expenses,
Att: 6 Exhibit F Costs,
Att: 7 Exhibit G Affirmation and Waiver of Direct Payment of EAJA Fees,
Att: 8 Certificate of Service
19 19 motion Attorney Fees Thu 10/24 11:42 AM
FIRST MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 . Document filed by Cecilia Rodriguez.(Olinsky, Howard)
Related: [-]
Thursday, August 01, 2019
18 18 order Judgment - Clerk Thu 08/01 11:46 AM
CLERK'S JUDGMENT re:17 Stipulation and Order. in favor of Cecilia Rodriguez against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 1, 2019, that the decision of the Commissioner of Social Security be, and hereby is, reversed and that this action be, and hereby is, remanded for further administrative proceedings, pursuant to the fourth sentence of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). (Signed by Clerk of Court Ruby Krajick on 08/01/2019)(dt)
Related: [-]
Att: 1 Notice of Rght to Appeal
17 17 order Stipulation and Order Thu 08/01 10:51 AM
STIPULATION AND ORDER OF REMAND: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the plaintiff and defendant, that the decision of the Commissioner of Social Security be, and hereby is, reversed and that this action be, and hereby is, remanded for further administrative proceedings pursuant to the fourth sentence of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of Court is respectfully directed to enter judgment, terminate all open motions, and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/01/2019) (ama)
Related: [-]
transfer Case Remanded Out - U.S. Agency Thu 08/01 1:45 PM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1002 698 2 on 8/01/2019. (ama)
Related: [-]
Wednesday, July 31, 2019
16 16 misc Proposed Stipulation and Order Wed 07/31 7:43 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security. (Parsels, Amanda)
Related: [-]
Tuesday, July 23, 2019
15 15 2 pgs order Order on Motion for Extension of Time Tue 07/23 3:09 PM
ORDER granting in part14 LETTER MOTION for Extension of Time to FIle Certified Administrative Record. The above noted schedule, as modified by the Court, will govern the motion practice and related conduct in this action. SO ORDERED. (Cross Motions due by 10/28/2019. Motions due by 9/26/2019.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/23/2019) (jca)
Related: [-]
utility Set/Reset Deadlines Tue 07/23 3:11 PM
Set/Reset Deadlines: Responses due by 10/28/2019, Replies due by 11/18/2019. (jca)
Related: [-]
Sunday, July 21, 2019
14 14 motion Extension of Time Sun 07/21 7:23 PM
LETTER MOTION for Extension of Time to FIle Certified Administrative Record addressed to Magistrate Judge Kevin Nathaniel Fox from Amanda F. Parsels dated July 21, 2019. Document filed by Commissioner of Social Security.(Parsels, Amanda)
Related: [-]
Monday, June 03, 2019
13 13 misc Letter Mon 06/03 3:14 PM
LETTER addressed to Judge Valerie E. Caproni from Amanda F. Parsels dated June 3, 2019 re: Consent to Conducting All Further Proceedings Before Magistrate Judge. Document filed by Commissioner of Social Security.(Parsels, Amanda)
Related: [-]
Tuesday, April 09, 2019
12 12 notice Notice of Appearance Tue 04/09 5:57 PM
NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security. (Parsels, Amanda)
Related: [-]
Monday, April 08, 2019
11 11 service Summons Returned Executed as to USA Mon 04/08 1:08 PM
SUMMONS RETURNED EXECUTED. Document filed by Cecilia Rodriguez. Electronic Certified Administrative Record due by 7/3/2019. (Olinsky, Howard)
Related: [-]
Monday, March 18, 2019
10 10 4 pgs order Order Mon 03/18 2:29 PM
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, 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. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/18/2019) (ama)
Related: [-]
9 9 1 pgs order Order Referring Case to Magistrate Judge Mon 03/18 2:25 PM
ORDER OF REFERENCE TO A 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 Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/18/2019) (ama)
Related: [-]
Thursday, March 14, 2019
8 8 cmp Complaint Thu 03/14 10:07 AM
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - COMPLAINT against Commissioner of Social Security. Document filed by Cecilia Rodriguez.(Olinsky, Howard) Modified on 3/14/2019 (sj)
Related: [-]
Att: 1 Exhibit A: Notice of Appeals Council Action
Wednesday, March 13, 2019
misc Notice to Attorney Regarding Deficient Pleading Wed 03/13 3:45 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Howard David Olinsky to RE-FILE Document No. 7 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; an accepted complaint must be filed before filing an Amended Complaint. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
Related: [-]
Tuesday, March 12, 2019
7 7 cmp Amended Complaint Tue 03/12 1:29 PM
AMENDED COMPLAINT amending1 Complaint, against Commissioner of Social Security.Document filed by Cecilia Rodriguez. Related document:1 Complaint,.(Olinsky, Howard)
Related: [-]
Att: 1 Exhibit A: Notice of Appeals Council Action
6 6 service Summons Issued Tue 03/12 9:33 AM
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (pc)
Related: [-]
5 5 order Standing Order re Motions for Judgment on the Pleadings in Social Security Cases Tue 03/12 9:32 AM
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)
Related: [-]
misc Notice to Attorney Regarding Party Modification Tue 03/12 9:19 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Howard David Olinsky. The party information for the following party/parties has been modified: Nancy A. Berryhill. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
Related: [-]
misc Notice to Attorney Regarding Deficient Pleading Tue 03/12 9:26 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Exhibits must be filed as attachments to the complaint. However the complaint was filed correctly and approved so leave from Judge's Chambers will be required to file the complaint as a corrected complaint with the exhibit attached. to RE-FILE Document No. 2 Notice (Other), 1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Exhibits must be filed as attachments to the complaint. Leave from Judge's Chambers will be required to file the complaint as a corrected complaint with the exhibit attached.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
Related: [-]
notice Case Opening Initial Assignment Notice Tue 03/12 9:30 AM
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[LINK: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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc)
Related: [-]
utility Case Designation Tue 03/12 9:30 AM
Magistrate Judge Kevin Nathaniel Fox 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pc)
Related: [-]
utility Case Designated ECF Tue 03/12 9:30 AM
Case Designated ECF. (pc)
Related: [-]
Monday, March 11, 2019
4 4 service Request for Issuance of Summons Mon 03/11 1:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re:1 Complaint. Document filed by Cecilia Rodriguez. (Olinsky, Howard)
Related: [-]
3 3 misc Civil Cover Sheet Mon 03/11 1:51 PM
CIVIL COVER SHEET filed. (Olinsky, Howard)
Related: [-]
2 2 notice Notice (Other) Mon 03/11 1:50 PM
NOTICE of Exhibit A: NOtice of Appeals Council Action re:1 Complaint. Document filed by Cecilia Rodriguez. (Olinsky, Howard)
Related: [-]
1 1 cmp Complaint Mon 03/11 1:47 PM
COMPLAINT against Nancy A. Berryhill. (Filing Fee $ 400.00, Receipt Number ANYSDC-16474661)Document filed by Cecilia Rodriguez.(Olinsky, Howard)
Related: [-]