Smoak v. Commissioner of Social Security

Filing 7

ORDER. In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171), the following briefing schedule applies: Within 90 days of ser vice, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which constitutes the Commissioner's answer, or otherwise move against the complaint. If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must fil e an answer brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. 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 a Magistrate Judge and as further set forth in this Order. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/7/25) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DION SMOAK,

Plaintiff,

25-CV-1756 (JPO)

-v-

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

J. PAUL OETKEN, District Judge:
In accordance with this District’s Standing Order governing challenges to denials of
social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171), the
following briefing schedule applies:
•

Within 90 days of service, the Commissioner must serve and file the Electronic
Certified Administrative Record (e-CAR), which constitutes the Commissioner’s
answer, or otherwise move against the complaint.

•

If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must file an answer brief within 60 days of the filing of
Plaintiff’s motion.

•

Plaintiff may file a reply within 21 days thereafter.

Additionally, to conserve resources, to 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 a Magistrate Judge.
If both parties consent to proceed before a Magistrate Judge, counsel for the defendant
must, within two weeks of the date on which Defendant enters an appearance, email to
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[e-mail] a fully executive Notice, Consent, and Reference
of a Civil Action of a Civil Action to a Magistrate Judge form, available at
https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. If the court approves that form,
all further proceedings will then be conducted before a Magistrate Judge rather than before me.
If either party does not consent to conducting all further proceedings before a Magistrate
Judge, the parties must file a joint letter, within two weeks on which Defendant enters an
appearance, advising the Court that the parties do not consent, but without disclosing the identity
of the party or parties who do not consent.
SO ORDERED.
Dated: March 7, 2025
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

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