GERARD v. COMMISSIONER OF SOCIAL SECURITY

Filing 21

MEMORANDUM OPINION & ORDER TO SHOW CAUSE. Signed by Judge Noel L. Hillman on 5/17/2019. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARK C. GERARD,
1:18-cv-01182-NLH
Plaintiff,
MEMORANDUM OPINION &
ORDER TO SHOW CAUSE

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

APPEARANCES:
ADRIENNE FREYA JARVIS
800 NORTH KINGS HIGHWAY
SUITE 304
CHERRY HILL, NJ 08034
On behalf of Plaintiff
PATRICK EUGENE ROACH
SOCIAL SECURITY ADMINISTRATION
OFFICE OF THE GENERAL COUNSEL
300 SPRING GARDEN STREET, 6TH FLOOR
PHILADELPHIA, PA 19123
On behalf of Defendant
HILLMAN, District Judge
WHEREAS, this matter comes before the Court pursuant to
Section 205(g) of the Social Security Act, as amended, 42 U.S.C.
§ 405(g), regarding the denial of Plaintiff’s application for
Disability Insurance Benefits (“DIB”) and Supplemental Security
Income (“SSI”) under Title II and Title XVI of the Social

Security Act, 42 U.S.C. § 401, et seq.; and
WHEREAS, on June 4, 2018, Plaintiff’s counsel filed a
motion to stay the proceedings so that Plaintiff’s appellate
rights would not be affected by Plaintiff’s counsel’s motion to
withdraw as counsel, which she filed on the same date; 1 and
WHEREAS, Plaintiff’s counsel relates that on April 25,
2018, she received a letter from the Social Security
Administration informing her that Plaintiff had revoked her
appointment as his legal representative in a subsequent Social
Security disability application; 2 and
WHEREAS, Plaintiff’s counsel further relates that she
attempted to speak with Plaintiff regarding whether he intended
to revoke her representation in this action, but he did not
return her numerous emails or voicemail messages, and he did not
respond to correspondence she sent to him in the mail, which was
sent via certified mail with proof of service onto Plaintiff
(Docket No. 18, 19); and
WHEREAS, Plaintiff’s counsel states that even if Plaintiff

1

Under Local Civil Rule 102.1, “Unless other counsel is
substituted, no attorney may withdraw an appearance except by
leave of Court.”
2

Plaintiff’s counsel explains that a claimant may reapply for
benefits under the Social Security Act when a prior application
is pending on judicial review in federal court.

2

did not intend to terminate her representation in this matter,
she must be relieved as counsel due to her inability to
communicate with her client; and
WHEREAS, to date, neither Plaintiff’s counsel nor this
Court has received any communication from Plaintiff regarding
his Social Security appeal; 3
Consequently,
IT IS on this

17th

day of

May

, 2019

ORDERED that within 20 days of today, Plaintiff shall show
cause as to (1) whether he opposes the withdraw of his counsel;
and (2) if he does not oppose the withdraw of his counsel,
whether he intends to pursue his Social Security appeal with new
counsel or on his own behalf pro se; and it is further
ORDERED that Plaintiff’s counsel shall serve this Order
onto Plaintiff with proof of service within 5 days; and it is
further
ORDERED that if Plaintiff fails to respond: 1) Plaintiff’s
counsel’s motion to withdraw shall be granted, 2) the Court will
deem Plaintiff as proceeding pro se, and 3) the Court will issue
a separate Order to Show Cause as to why the matter should not

3

The action was originally assigned to this Court, but it was
reassigned pursuant to Standing Order 18-2 on May 29, 2018. The
action was reassigned to this Court on May 15, 2019.

3

be closed for lack of prosecution pursuant to Local Civil Rule
41.1(a). 4

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

4

Local Civil Rule 41.1(a) provides,
Civil cases, other than bankruptcy matters, which have been
pending in the Court for more than 90 days without any
proceedings having been taken therein must be dismissed for
lack of prosecution by the Court (1) on its own motion, or
(2) on notice from the Clerk to all parties who have
appeared, unless good cause is shown with the filing of an
affidavit or other document complying with 28 U.S.C. § 1746
from counsel of record or the unrepresented party. Notice
shall be provided by the Clerk of either action
contemplated above under sub-paragraphs (1) and (2) to
counsel, their client(s) and/or unrepresented persons who
have appeared.
4