Brown v. Astrue

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of this Court is respectfully directed to forward to the US Marshal's Office of the EDNY copies of Plaintiff's summons and complaint. The Marshal is directed to ser ve the summons and complaint upon the Defendant without prepayment of fees. Defendant shall obtain and serve upon the Plaintiff the administrative record of the proceedings, along with its answer, within 90 days of commencement of this action. Defend ant shall move for judgment on the pleadings, unless otherwise directed by the Court, by service of motion papers upon Plaintiff within 60 days of service of the administrative record upon the Plaintiff. Plaintiff's response papers shall be serv ed upon Defendant within 30 days thereafter. Within 15 days of receipt of Plaintiff's response, Defendant shall serve its reply on Plaintiff, and will also file the entire set of motion papers and the administrative record with the Court. Ordered by Judge Kiyo A. Matsumoto on 10/3/2012.(Tolentino, Raymond)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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:
HARLAN BROWN,
:
:
Plaintiff,
:
:
-against:
:
MICHAEL J. ASTRUE,
:
COMMISSIONER OF SOCIAL
:
SECURITY
:
:
Defendant.
:
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ORDER
12-CV-3691 (KAM)

KIYO A. MATSUMOTO, United States District Judge:
Plaintiff initiated this action by filing a complaint
on July 25, 2012.

Upon review of plaintiff’s complaint and

application to proceed in forma pauperis, it is hereby
ORDERED that plaintiff is granted leave to proceed
without being required to prepay fees or costs, or give security
therefor; and
ORDERED that the Clerk of this Court shall forward to
the United States Marshal’s Office for the Eastern District of
New York copies of plaintiff’s summons and complaint.

The

Marshal is directed to serve the summons and complaint upon the
defendant without prepayment of fees; and it is further hereby
ORDERED that the parties adhere to the following
procedures for expediting the disposition of Social Security
cases:

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1)

Defendant shall obtain and serve upon the plaintiff
the administrative record of the proceedings, along
with its answer, within ninety (90) days of
commencement of this action.

If defendant is unable

to file the record by that date, then defendant shall
notify the court in writing before the ninety days
expires.

Such notification must include a request for

an extension that specifies a date and demonstrates
good cause for the extension, including the date the
administrative record was requested, whether or not it
has been received, and the most recent efforts made to
obtain it.
2)

Defendant shall move for judgment on the pleadings,
unless otherwise directed by the court, by service of
motion papers upon plaintiff within sixty (60) days of
service of the administrative record upon the
plaintiff.

If this is not possible, the court shall

be notified in writing before the sixty days expires.
Such notification shall include a request for an
extension that specifies a date and demonstrates good
cause for the extension.
3)

Plaintiff’s response papers shall be served upon
defendant within thirty (30) days thereafter.

If this

is not possible, the court shall be notified in
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writing before the thirty days expires.

Such

notification shall include a request for an extension
that specifies a date and demonstrates good cause for
the extension.
4)

Within fifteen (15) days of receipt of plaintiff’s
response, defendant shall serve its reply on
plaintiff, and will also file the entire set of motion
papers and the administrative record with the court.

SO ORDERED.
Dated:

Brooklyn, New York
October 3, 2012
_________/s/_________________
KIYO A. MATSUMOTO
United States District Judge
Eastern District of New York

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