Aguilar v. Colvin

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of this Court shall forward to the United States Marshals Office for the Eastern District of New York copies of plaintiff's summons and complaint. The Marshal is directe d to serve 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, which shall constitute defendant's answer, or otherwise move ag ainst the complaint within ninety (90) days of this order. 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. Plaintiff's response papers shall be served upon defendant within sixty (60) days thereafter. Within twenty-one (21) days of receipt of plaintiff's response (that is, by June 20, 2016), 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 11/2/2015. (Jacobson, Jonathan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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:
[NAME],
:
:
Plaintiff,
:
ORDER
:
15-CV-5710 (KAM)
-against:
:
[COMMISSIONER OF SOCIAL
:
SECURITY],
:
:
Defendant.
:
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KIYO A. MATSUMOTO, United States District Judge:
Plaintiff initiated this action by filing a complaint
on October 6, 2015.

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:
1)

Defendant shall obtain and serve upon the plaintiff

the administrative record of the proceedings, which
shall constitute defendant’s answer, or otherwise move
against the complaint within ninety (90) days of the
date of this order.

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)

Plaintiff shall move for judgment on the pleadings,
unless otherwise directed by the court, by service of
motion papers upon defendant 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)

Defendant’s response papers shall be served upon
plaintiff within sixty (60) days thereafter.

If this

is not possible, the court shall be notified in
2

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.
4)

Within twenty-one (21) days of receipt of defendant’s
response (that is, by June 20, 2016), plaintiff shall
serve its reply on defendant, and the parties shall
file the entire set of motion papers and the
administrative record with the court.

SO ORDERED.

Dated:

November 2, 2015
Brooklyn, New York
_________/s/_________________
KIYO A. MATSUMOTO
United States District Judge
Eastern District of New York

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