Guzman v. Commissioner of Social Security

Filing 4

ORDER: Defendant will promptly obtain and file the administrative record of the proceedings below and will file its answer within 120 days and in any event, by 9/29/2014. Plaintiff will move for judgment on the pleadings, unless otherwise directe d by the Court by 11/28/2014 (which is 180 days after the filing of the complaint). Defendant's responsive papers will be filed within 30 days, and in any event by 12/29/2014. It is strongly recommended that Plaintiff file a reply brief within 30 days of defendant's responsive papers. Plaintiff has also moved to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The plaintiff's 2 application is granted and the Clerk of the Court is directed to 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. Defendant is directed to submit an answer to the complaint. SO ORDERED by Judge Eric N. Vitaliano, on 5/28/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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Modesta Guzman
Plaintiff,

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JUM 0 3 2~14

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SROOKLYN OFFICE

ORDER
13cv6859(ENV)

- against -

Commissioner of Social Security
Defendant.

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VITALIANO, United States District Judge:

Plaintiff initiated this action by filing the complaint on 12/2/2013.
Defendant will promptly obtain and file the administrative record of the proceedings
below and will file its answer within 120 days and in any event, by September 29, 2014. If the
defendant is unable to file its responsive papers timely, it will notify the Court in writing by that
date. Such notification shall include a request for an extension which specifies a date and
demonstrates good cause for the extension. In addition, the notification shall state the date the
administrative record was requested, whether or not it has been received, and the most recent
efforts made to obtain it.
Plaintiff will move for judgment on the pleadings, unless otherwise directed by the Court
by November 28, 2014 (which is 180 days after the filing of the complaint).
Defendant's responsive papers will be filed within 30 days, and in any event by
December 29, 2014. It is strongly recommended that plaintiff file a reply brief within 30 days of
defendant's responsive papers.
To the extent a party's memorandum oflaw uses medical terminology not in common
usage among laypersons, the memorandum shall explain the term, with a citation to a medical
reference source supporting the definition. If the use of the term relates to the results of a

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medical test, the memorandum shall explain how those results bear on the finding of nondisability.
Upon receipt of plaintiffs papers, defendant will then file the entire set of motion papers and
the administrative record with the court.
The parties are advised of the option of consenting to have this matter heard and decided by
the assigned Magistrate Judge. The parties are to consult and advise the court if both sides consent
to having this case heard and decided by the assigned Magistrate Judge. The parties shall also
inform the court if both parties do not consent, but they are not to indicate which party does not
consent.
Plaintiff has also moved to proceed informa pauperis pursuant to 28 U.S.C. § 1915. The
plaintiffs application is granted and the Clerk of the Court is directed to 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. Defendant is directed to submit an answer to the complaint.

SO~D.

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/S/ Judge Eric N. Vitaliano
Dated: May 28, 2014
Brooklyn, New York

ERIC N. VITALlfANO ... • -=United States District Judge

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