Eichie v. Kuakazi
Filing
7
ORDER OF SERVICE AND SCHEDULING ORDER: Plaintiff, appearing pro se, brings this action for writ of mandamus, seeking to have the Court compel Defendant to take action in accordance with the May 27, 2021 Administrative Law Judge (ALJ) decision, in which the ALJ found Plaintiff to be disabled within the meaning of the Social Security Act. By order dated January 5, 2022, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. The Clerk of Court shall electronically notify the U.S. Attorney's Office for the Southern District of New York that this case has been filed. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): (As further set forth herein.) SO ORDERED. ( Electronic Certified Administrative Record due by 4/11/2022.) (Signed by Judge Lewis J. Liman on 1/10/2022) (va) Transmission to Pro Se Assistants for processing.
Case 1:21-cv-10712-LJL Document 7 Filed 01/10/22 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PETER EICHIE,
Plaintiff,
-againstKILOLO KUAKAZI, ACTING
COMMISSIONER OF SOCIAL SECURITY
DEPARTMENT FOR THE UNITED STATES,
21-CV-10712 (LJL)
ORDER OF SERVICE AND
SCHEDULING ORDER
Defendant.
LEWIS J. LIMAN, United States District Judge:
Plaintiff, appearing pro se, brings this action for writ of mandamus, seeking to have the
Court compel Defendant to take action in accordance with the May 27, 2021 Administrative Law
Judge (ALJ) decision, in which the ALJ found Plaintiff to be disabled within the meaning of the
Social Security Act. By order dated January 5, 2022, the Court granted Plaintiff’s request to proceed
without prepayment of fees, that is, in forma pauperis.
The Clerk of Court shall electronically notify the U.S. Attorney’s Office for the Southern
District of New York that this case has been filed.
In accordance with the Standing Order “Motions for Judgment on the Pleadings in Social
Security Cases,” 16-MC-0171 (Apr. 20, 2016):
•
Within 90 days of the date of this order, the Commissioner must serve and file the
Electronic Certified Administrative Record (e-CAR), which will constitute the
Commissioner’s answer, or otherwise move against the amended complaint.
•
If the Commissioner wishes to file a motion for judgment on the pleadings, the
Commissioner must do so within 60 days of the date on which the e-CAR was filed. The
motion must contain a full recitation of the relevant facts and a full description of the
underlying administrative proceeding.
•
The plaintiff must file an answering brief within 60 days of the filing of the
Commissioner’s motion. The Commissioner may file a reply within 21 days thereafter.
•
Memoranda in support of or in opposition to any dispositive motion may not exceed 25
pages in length; reply memoranda may not exceed ten pages in length. A party seeking to
Case 1:21-cv-10712-LJL Document 7 Filed 01/10/22 Page 2 of 2
exceed these page limitations must apply to the Court for leave to do so, with copies to
all counsel, no fewer than seven days before the date on which the memorandum is due.
To conserve resources and promote judicial efficiency, and in an effort to achieve a faster
disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are
willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the
assigned magistrate judge.
If both parties consent to proceed before the magistrate judge, counsel for the defendant
must, by no later than March 7, 2022, file a letter with the Court, with an attached fully executed
Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for
which is included in the information package accompanying this order (and also available at
https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings
will then be conducted before the assigned magistrate judge rather than before me. An information
sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be
taken directly to the United States Court of Appeals for the Second Circuit.
If either party does not consent to conducting all further proceedings before the assigned
magistrate judge, the defendant’s counsel must file a letter by no later than March 7, 2022, advising
the Court that the parties do not consent, but without disclosing the identity of the party or parties
who do not consent. The parties are free to withhold consent without negative consequences.
SO ORDERED.
Dated:
January 10, 2022
New York, New York
LEWIS J. LIMAN
United States District Judge
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