Emery v. Saul
| New York Northern District Court | |
| Judge: | Norman A Mordue |
| Case #: | 3:19-cv-00357 |
| Nature of Suit | 864 Social Security - SSID Title XVI |
| Cause | 42:405 Review of HHS Decision (SSID) |
| Case Filed: | Mar 22, 2019 |
| Re-opened: | Mar 19, 2019 |
| Terminated: | Apr 15, 2020 |
Defendant
Andrew M. Saul
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Interested Party
SSA
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Plaintiff
Linda J. Emery
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GPO
Apr 15 2020
ORDER that the decision of the Commissioner is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for proceedings consistent with this Memorandum-Decision & Order. Signed by Senior Judge Norman A. Mordue on 4/15/2020. (rjb, ) |
| Docket last updated: 09/21/2026 11:59 PM EDT |
| Wednesday, April 15, 2020 | ||
| 31 | 31
order
Judgment
Wed 04/15 10:51 AM
JUDGMENT in favor of Linda J. Emery against Andrew M. Saul. (rjb, ) |
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| 30 | 30
19
pgs
order
Order
Wed 04/15 10:46 AM
ORDER that the decision of the Commissioner is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for proceedings consistent with this Memorandum-Decision & Order. Signed by Senior Judge Norman A. Mordue on 4/15/2020. (rjb, ) |
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| Tuesday, March 17, 2020 | ||
| 29 | 29
order
Order Reassigning Case
Tue 03/17 11:30 AM
TEXT ORDER REASSIGNING CASE. Case reassigned to Senior Judge Norman A. Mordue for all further proceedings. This case will be decided directly, without Report and Recommendation, by Senior Judge Norman A. Mordue. U.S. District Judge Mae A. D'Agostino and Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/17/20. (lmw) |
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| Wednesday, January 08, 2020 | ||
| 28 | 28
order
Order Reassigning Case (Text-Order)
Wed 01/08 1:37 PM
TEXT ORDER REASSIGNING CASE to U.S. District Judge Mae A. D'Agostino and US Magistrate Judge Andrew T. Baxter for all further proceedings. Parties have not consented. Authorized by the Chief Judge pursuant to General Order #18. (drm) |
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| Friday, January 03, 2020 | ||
| 27 | 27
misc
Social Security Defendant Brief
Fri 01/03 10:47 AM
DEFENDANT'S BRIEF by Nancy A Berryhill. (Amelia, Stewart) |
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| Thursday, December 12, 2019 | ||
| 26 | 26
order
Order on Letter Request
Thu 12/12 1:20 PM
TEXT ORDER: granting25 Letter Request for an extension of time. Defendant's brief is to be filed on or before 1/15/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/12/2019. (nmk) |
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| Wednesday, December 11, 2019 | ||
| 25 | 25
motion
Letter Request/Motion
Wed 12/11 2:20 PM
Letter Motion from Amelia Stewart for Nancy A Berryhill requesting Extension of Time to File Response submitted to Judge Andrew T. Baxter . (Amelia, Stewart) |
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| Wednesday, November 13, 2019 | ||
| 24 | 24
notice
Notice of Attorney Appearance - Commissioner - Pilot
Wed 11/13 4:28 PM
NOTICE OF ATTORNEY APPEARANCE: Stewart Amelia appearing for Commissioner of Social Security as substituted counsel for Kaiser, Fergus . (Amelia, Stewart) |
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| Tuesday, November 12, 2019 | ||
| 23 | 23
order
Order
Tue 11/12 3:59 PM
TEXT ORDER: The Social Security Consent/Declination Form was due by 10/31/2019. If plaintiff does not consent by 11/22/2019, the Clerk shall reassign this case to a U.S. District Judge consistent with General Order #12. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/12/2019. (nmk) |
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| Thursday, October 31, 2019 | ||
| 22 | 22
misc
Social Security Plaintiff Brief
Thu 10/31 4:48 PM
PLAINTIFF'S BRIEF by Linda J. Emery. Defendant Brief due by 12/16/2019.(Schibinger, Jason) |
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Att: 1
Statement Regarding Page Count,
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Att: 2
Certificate of Service
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| Tuesday, October 29, 2019 | ||
| 21 | 21
notice
Notice of Appearance
Tue 10/29 4:02 PM
NOTICE of Appearance by Jason Joseph Schibinger on behalf of Linda J. Emery (Schibinger, Jason) |
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| Thursday, September 26, 2019 | ||
| 20 | 20
order
Order ~Util - Set Deadlines
Thu 09/26 3:12 PM
TEXT ORDER: The Social Security Consent/Declination Form is due by 10/31/2019. Plaintiff's brief is due by 10/31/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/26/2019. [Copy served upon non-ecf attorney via email.] (nmk) |
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minutes
Telephone Conference
Thu 09/26 3:10 PM
TEXT Minute Entry for Telephone Conference held on 9/26/2019 before U.S. Magistrate Judge Andrew T. Baxter: Court advises that it is in receipt of Attorney Schibinger's certificate of good standing. All that remains for the pro hac admission is for Attorney Schibinger to pay the application fee. The clerk is working with PACER in order to rectify an issue with granting Attorney Schibinger access to the NDNY CM/ECF System. Once that is fixed, the fee can be paid. Court reset the consent deadline and plaintiff's brief deadline to 10/31/2019. Appearances: Jason Schibinger, Esq. for plaintiff; Fergus Kaiser, Esq. for defendant. Time: 11:00 AM - 11:03 AM. [Copy served upon non-ecf attorney via email.] (nmk) |
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| Wednesday, September 25, 2019 | ||
| 19 | 19
notice
Notice - Other
Thu 09/26 2:53 PM
Supplemental Admission documents re:16 Motion for Limited Admission Pro Hac Vice. (nmk) |
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| Thursday, August 22, 2019 | ||
| 18 | 18
order
Order
Thu 08/22 12:51 PM
TEXT ORDER: The deadline for the filing of plaintiff's brief is stayed, pending completion of Attorney Schibinger's pro hac admission in this case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/22/2019. (nmk) |
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| Tuesday, August 20, 2019 | ||
| 17 | 17
order
Order on Motion for Limited Admission Pro Hac Vice
Tue 08/20 2:38 PM
TEXT ORDER: granting16 Motion for Limited Admission Pro Hac Vice. Attorney Jason J. Schibinger is hereby admitted to practice in this action on behalf of Linda J. Emery, subject to Attorney Schibingner filing a court issued Certificate of Good Standing, dated within 6 months of the date of this order, and payment of the $100.00 application fee. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/20/2019. (nmk) |
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| Wednesday, August 14, 2019 | ||
| 16 | 16
motion
Limited Admission Pro Hac Vice
Tue 08/20 2:33 PM
MOTION for Limited Admission Pro Hac Vice filed by Attorney Jason J. Schibinger as to Linda J. Emery. No fee paid. (nmk) |
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| Thursday, August 01, 2019 | ||
| 15 | 15
order
Order
Thu 08/01 10:34 AM
TEXT ORDER: Attorney Schibinger is directed to submit a status report, on or before 8/5/2019. regarding an update on his attorney admission application. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/1/2019. [Copy served upon Attorney Schibinger via email.] (nmk) |
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| Thursday, July 11, 2019 | ||
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minutes
Telephone Conference
Thu 07/11 4:59 PM
TEXT Minute Entry for Telephone Conference held on 7/11/2019 before U.S. Magistrate Judge Andrew T. Baxter: Court reviews the history of this action and inquires as to the status of Attorney Schibinger's admission. Attorney Schibinger advises that he has found a sponsor and will be submitting his admission packet shortly. Once the admission paperwork is received and approved, the Social Security Consent/Declination Form submission deadline will be reset. Appearances: Jason Schibinger, Esq. for plaintiff; Linda Emery, plaintiff; Fergus Kaiser, Esq. for defendant. Time: 3:11 PM - 3:15 PM. (nmk) |
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| Monday, July 08, 2019 | ||
| 14 | 14
misc
Social Security Administrative Record / Transcript - Pilot
Mon 07/08 10:23 AM
Social Security Administrative Record / Transcript. Plaintiff Brief due by 8/22/2019. (Kaiser, Fergus) |
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| Tuesday, May 07, 2019 | ||
| 13 | 13
order
Order
Tue 05/07 3:44 PM
TEXT ORDER: On 3/22/2019, this case was transferred to the Northern District of New York. However, plaintiff's attorney, Jason Schibinger, is not admitted in this district. At the time of the transfer, a notice of admission requirement wad filed, and served upon plaintiff's counsel, setting an admission deadline of 4/5/2019. To date, Attorney Schibinger has not advised whether he will remain as counsel of record, which will require the submission of formal admission papers. Attorney Schibinger is directed to notify the court by 5/24/2019 if he will remain as counsel of record, and if so, his deadline for filing his admission papers is 6/7/2019. The deadline for filing the Social Security Consent/Declination Form is stayed. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/7/2019. [Copy served upon Attorney Schibinger via email.] (nmk) |
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| Tuesday, April 09, 2019 | ||
| 12 | 12
service
Certificate of Service
Tue 04/09 4:33 PM
CERTIFICATE OF SERVICE by Nancy A Berryhill re 11 Notice of Attorney Appearance - Commissioner (Kaiser, Fergus) |
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notice
Notice - Other
Tue 04/09 10:41 AM
TEXT NOTICE to Attorney Fergus J. Kaiser, re: 11 Notice of Attorney Appearance - Commissioner. Attorney Jason J. Schibinger represented pltf prior to the case being transferred to the NDNY. An admission requirement was filed on 3/22/2019 advising counsel that he needs to be admitted to the NDNY. Please electronically file proof of service of the 11 Notice of Attorney Appearance. (see) |
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| Monday, April 08, 2019 | ||
| 11 | 11
notice
Notice of Attorney Appearance - Commissioner - Pilot
Mon 04/08 5:07 PM
NOTICE OF ATTORNEY APPEARANCE: Fergus J. Kaiser appearing for Commissioner of Social Security . Social Security Administrative Transcript due by 7/8/2019. (Kaiser, Fergus) |
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| Friday, March 22, 2019 | ||
| 10 | 10
notice
Notice - Other
Fri 03/22 11:14 AM
NOTICE - Plaintiff's attorney is directed to complete the Social Security Identification Form (available on the courts web-site via the link included in this entry) and file it electronically in this case. https://www.nynd.uscourts.gov/sites/nynd/files/forms/SSA_ID_form_FILLABLE.pdf(plp) |
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| 9 | 9
misc
G.O. 18 & SSA Case Assignment Form - Pilot
Fri 03/22 10:54 AM
Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12 . Social Security Consent/Declination Form due by 4/12/2019. (plp) |
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| 8 | 8
notice
Notice of Admission Requirement
Fri 03/22 10:46 AM
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Jason J. Schibinger, Esq., Email address is schibinger@buzgondavis.com. Phone number is 717-724-1421. Admissions due by 4/5/2019. (plp) |
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| 7 | 7
transfer
Case Transferred In - District Transfer
Fri 03/22 10:25 AM
Case transferred in from District of Pennsylvania Middle; Case Number 1:19-cv-00036. electronically transferred when case opened |
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| Tuesday, March 19, 2019 | ||
| 6 | 6
MEMORANDUM ORDER TRANSFERRING CASE to Northern District of New York. Signed by Magistrate Judge Martin C. Carlson on March 19, 2019. (kjn) [Transferred from Pennsylvania Middle on 3/22/2019.]
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| Monday, March 18, 2019 | ||
| 5 | 5
BRIEF IN SUPPORT re4 MOTION to Change Venue filed by Nancy A. Berryhill.(Simpson, D) [Transferred from Pennsylvania Middle on 3/22/2019.]
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Att: 1
Proposed Order
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| 4 | 4
MOTION to Change Venue by Nancy A. Berryhill.(Simpson, D) [Transferred from Pennsylvania Middle on 3/22/2019.]
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| Friday, January 11, 2019 | ||
| 3 | 3
STANDING PRACTICE ORDER 13-9 in Social Security Appeals (aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]
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| Tuesday, January 08, 2019 | ||
| 2 | 2
Summons Issued as to Nancy A. Berryhill and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]
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Att: 1
Summons Packet
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| 1 | 1
COMPLAINT against Nancy A. Berryhill ( Filing fee $400, Receipt Number 0314-4640432), filed by Linda J. Emery.(aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]
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Att: 1
Civil Cover Sheet
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