Hairston v. Commissioner of Social Security

Filing 21

ORDER with respect to 13 Motion to Dismiss; with respect to 13 Motion for Summary Judgment. The Court is in receipt of the Commissioner's letter, dated March 29, 2021, informing the Court, inter alia, that the Commissioner is currently considering whether to forego motions to dismiss based on untimely complaints for those actions in which the statute of limitations expired between March 1, 2020 and August 31, 2020. More specifically, counsel informs the Court that the Commission er may withdraw the pending motion to dismiss at ECF No. 13, and that the Commissioner would inform the Court as to their position shortly. As such, the Commissioner is hereby ORDERED to provide the Court with his position regarding the withdrawal of the motion to dismiss by Friday, April 30, 2021. It is further ORDERED that the Commissioner shall have until Friday, April 30, 2021 to reply to Plaintiff's opposition to his motion to dismiss. The Clerk of Court is respectfully requested to send a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/16/2021) (rj) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 4/15/2021 DENISE HAIRSTON, Plaintiff, ORDER 1:20-CV-5600 -againstCOMMISSIONER OF SOCIAL SECURITY, Defendant. KATHARINE PARKER, United States Magistrate Judge: The Court is in receipt of the Commissioner’s letter, dated March 29, 2021, informing the Court, inter alia, that the Commissioner is currently considering whether to forego motions to dismiss based on untimely complaints for those actions in which the statute of limitations expired between March 1, 2020 and August 31, 2020. More specifically, counsel informs the Court that the Commissioner may withdraw the pending motion to dismiss at ECF No. 13, and that the Commissioner would inform the Court as to their position shortly. As such, the Commissioner is hereby ORDERED to provide the Court with his position regarding the withdrawal of the motion to dismiss by Friday, April 30, 2021. It is further ORDERED that the Commissioner shall have until Friday, April 30, 2021 to reply to Plaintiff’s opposition to his motion to dismiss. The Clerk of Court is respectfully requested to send a copy of this Order to the pro se Plaintiff. SO ORDERED. Dated: April 16, 2021 New York, New York KATHARINE PARKER United States Magistrate Judge 2

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