| Date Filed | Doc # | Docket Text |
|
| 2012-04-24 | 1 | COMPLAINT against All Defendants, filed by Mikhail Yusim. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 04/27/2012) |
| 2012-04-24 | 2 | MOTION for Leave to Proceed in forma pauperis by Mikhail Yusim. (Bowens, Priscilla) (Entered: 04/27/2012) |
| 2012-04-24 | 3 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if the parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . (Bowens, Priscilla) (Entered: 04/27/2012) |
| 2012-05-04 | 4 | ORDER, granting pltff's 2 Motion for Leave to Proceed in forma pauperis. The US Marshals Service is directed to serve the summons and complaint upon deft without prepayment of fees. (Ordered by Magistrate Judge Lois Bloom on 5/3/2012) c/m (Galeano, Sonia) (Entered: 05/04/2012) |
| 2012-05-04 | | Summons Issued as to SSA Office of Disability Adjudication and Review. (Courtesy Copy to U.S. Attorney EDNY and U.S. Attorney General) (Galeano, Sonia) (Entered: 05/04/2012) |
| 2012-05-09 | 5 | NOTICE of Appearance by Arthur Swerdloff on behalf of SSA Office of Disability Adjudication and Review (aty to be noticed) (Swerdloff, Arthur) (Entered: 05/09/2012) |
| 2012-06-25 | 6 | Letter MOTION for Extension of Time to File Answer or Otherwise Move for Dismissal by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 06/25/2012) |
| 2012-06-25 | 7 | Letter MOTION for Extension of Time to File Answer or Otherwise Move for Dismissal (corrected version) by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 06/25/2012) |
| 2012-06-27 | 8 | ORDER endorsed on doc.# 7 : The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 6/27/2012. C/mailed to pro se Plaintiff. (SSA Office of Disability Adjudication and Review's answer due by 8/6/2012.) (Latka-Mucha, Wieslawa) (Entered: 06/28/2012) |
| 2012-07-03 | 9 | ENDORSED ORDER ON DOCUMENT #7, the application is granted. (Ordered by Judge Sandra L. Townes on 6/28/12) c/m (Galeano, Sonia) (Entered: 07/03/2012) |
| 2012-07-13 | 10 | AMENDED COMPLAINT and Request that Your Honor deny defense counsel's request for an extension of time (See page #3 of Amended Complaint) against SSA Office of Disability Adjudication and Review, filed by Mikhail Yusim. (Galeano, Sonia) (Entered: 07/17/2012) |
| 2012-08-06 | 11 | Letter to pro se plaintiff, enclosing defendant's notice of motion to dismiss, supporting memorandum of law, declaration of Marian Jones, notice to pro se litigant opposing motion to dismiss, and statement of compliance with local rule 7.2 by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 08/06/2012) |
| 2012-08-09 | 12 | ORDER: As defendant had yet to respond to plaintiff's original complaint, plaintiff was allowed to amend his complaint "as of course." On 8/6/2012, defendant filed a 11 cover letter serving plaintiff with its motion to dismiss and requesting that plaintiff respond to the motion by 9/5/2012. As defendant did not file this motion in accordance with Judge Townes' individual rules, which require a party to write to the Court to request a pre-motion conference, defendant's motion is terminated without prejudice, and plaintiff does not need to respond to the motion. If defendant intends to move to dismiss plaintiff's 10 amended complaint, it shall write to Judge Townes in accordance with her individual rules by 8/15/2012. The Court notes that plaintiff filed numerous documents bearing his social security number as attachments to his 10 Amended Complaint. The Court has directed the Clerk of Court to restrict access to those documents to case participants to protect plaintiff's privacy and identity. SO ORDERED by Magistrate Judge Lois Bloom, on 8/9/2012. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 08/10/2012) |
| 2012-08-15 | 13 | Letter to the Honorable Sandra L. Townes requesting a pre-motion conference for defendant's motion to dismiss by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 08/15/2012) |
| 2012-08-24 | 14 | NOTICE of Change of Address filed by Mikhail Yusim. (Docket Sheet Updated) (Galeano, Sonia) (Entered: 08/27/2012) |
| 2012-09-14 | 15 | SCHEDULING ORDER: that deft's request for permission to move to dismiss is granted. Deft shall serve said motion on pltff by mailing a copy of the motion papers to him on or before 10/12/12. On or before 11/12/12, pltff shall serve his response to the motion on deft by mailing a copy of said response to deft's counsel, AUSA Arthur Swerdloff, at 271 Cadman Plaza East, 7th Floor, Brooklyn, NY 11201. Deft shall have until 11/30/12, in which to serve a reply, if any, on deft and to electronically file the fully briefed motion with the Court. (Ordered by Judge Sandra L. Townes on 9/12/2012) c/m (Galeano, Sonia) (Entered: 09/14/2012) |
| 2012-10-12 | 16 | Letter to pro se plaintiff, enclosing defendant's notice of motion to dismiss, supporting memorandum of law, declaration of Marian Jones, notice to pro se litigant opposing motion to dismiss, and statement of compliance with local rule 7.2 by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 10/12/2012) |
| 2012-10-25 | 17 | AFFIDAVIT of Service re: service of Affirmation/Affidavit in Opposition to Deft's Motion served upon Arthur Swerdloff on 10/24/12, filed by Mikhail Yusim. (Galeano, Sonia) (Entered: 10/25/2012) |
| 2012-11-30 | 18 | Notice of MOTION to Dismiss by SSA Office of Disability Adjudication and Review. (Attachments: # 1 declaration of service dated August 6, 2012 and October 12, 2012) (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 19 | MEMORANDUM in Support of the Defendant's Motion to Dismiss filed by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 20 | NOTICE by SSA Office of Disability Adjudication and Review to Pro Se Litigant Opposing Motion to Dismiss in Compliance with Local Civil Rules 12.1 and 56.2 (Attachments: # 1 Defendant's Statement of Compliance with Local Civil Rule 7.2) (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 21 | DECLARATION of Marian Jones, Court Case Preparation and Review Branch 4, Office of Disability Adjudication and Review, Social Security Administration by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 22 | AFFIDAVIT/DECLARATION in Opposition re 18 Notice of MOTION to Dismiss Plaintiff's filed by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 23 | REPLY in Support re 18 Notice of MOTION to Dismiss filed by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 24 | DECLARATION re 23 Reply in Support of Marian Jones, Court Case Preparation and Review Branch 4, Office of Adjudication and Review, Social Security Administration by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2012-11-30 | 25 | Letter to the Honorable Sandra L. Townes, enclosing the parties fully briefed motions by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 11/30/2012) |
| 2013-09-11 | 26 | MEMORANDUM AND ORDER dated 9/9/13 that the Court will grant plaintiff leave to file a second amended complaint. If plaintiff fails to file a second amended complaint within the time allowed, the Court may enter a judgment dismissing this action. The Court certifies pursuant to 28:1915(a)(3) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45(1962). ( Ordered by Judge Sandra L. Townes on 9/9/2013 ) (Guzzi, Roseann) (Entered: 09/11/2013) |
| 2013-09-23 | 27 | SECOND AMENDED COMPLAINT against Office of Disability Adjudication and Review; filed by pro se Mikhail Yusim, dated 9/23/2013. (Latka-Mucha, Wieslawa) (Entered: 09/27/2013) |
| 2013-10-18 | 28 | ORDER: Plaintiff timely filed his Second Amended Complaint on 9/23/2013. To date, defendant has not responded to the Amended Complaint. Defendant shall answer or otherwise respond to Plaintiff's 27 Second Amended Complaint by 11/1/2013. SO ORDERED by Magistrate Judge Lois Bloom, on 10/18/2013. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 10/21/2013) |
| 2013-10-24 | 29 | Letter to the Honorable Sandra L. Townes requesting a pre-motion conference for defendant's motion to dismiss by SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 10/24/2013) |
| 2013-10-29 | 30 | Letter dated 10/29/13 to Judge Sandra L. Townes from Mikhail Yusim in response to the Deft's recent request for a pre-motion conference. (Fernandez, Erica) (Entered: 10/30/2013) |
| 2015-01-09 | 31 | SCHEDULING ORDER: It is hereby ordered that the parties in this case appear for a Pre-motion Conference on January 22, 2015, at 10:00am before the Honorable Sandra L. Townes, United States District Judge, United States District Court - Eastern District of New York, 225 Cadman Plaza East, Courtroom 4B, Brooklyn, New York. Ordered by Judge Sandra L. Townes on 1/9/2015. (Frullo, Veronica) (Entered: 01/09/2015) |
| 2015-01-22 | | Minute Entry for proceedings held before Judge Sandra L. Townes: Pre Motion Conference held on 1/22/2015. Pro se plaintiff Mikhail Yusim present. AUSA Arthur Swerdloff present for defendant. The Court denies defendant's request for leave to move to dismiss. The plaintiff is permitted to file an amended complaint no later than February 23, 2015. (Court Reporter Fred Guerino.) (Frullo, Veronica) (Entered: 02/05/2015) |
| 2015-02-04 | 32 | THIRD AMENDED COMPLAINT against Office of Acting Commissioner of Social Security Administration; filed by pro se Mikhail Yusim, dated 2/4/2015. (Barrett, C) (Entered: 02/04/2015) |
| 2015-02-09 | 33 | ORDER, The Clerk of the Court is directed to prepare the necessary papers to have the deft served with process. The US Marshals Service is hereby directed to serve the summons, this Order, and a copy of pltff's third amended complaint upon the deft without prepayment of fees. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a US Magistrate Judge, pursuant to 28 USC sec. 636(c). (Ordered by Magistrate Judge Lois Bloom on 2/5/15) c/m with Consent Form. (Galeano, Sonia) (Entered: 02/09/2015) |
| 2015-02-09 | 37 | Summons Issued as to Office of Acting Commissioner of Social Security Administration. (Courtesy Copy to the U.S. Attorney and U.S. Attorney General) (Galeano, Sonia) (Entered: 02/09/2015) |
| 2015-02-12 | 34 | AFFIRMATION OF SERVICE by Mikhail Yusim for service of the 32 Third Amended Complaint upon Arthur Swerdloff. (Barrett, C) (Entered: 02/17/2015) |
| 2015-02-17 | 35 | CONSENT to Jurisdiction by US Magistrate Judge only signed by Mikhail Yusim. (Barrett, C) (Entered: 02/17/2015) |
| 2015-02-26 | 36 | Letter to the Honorable Sandra L. Townes requesting a pre-motion conference for defendant's motion to dismiss by Office of Acting Commissioner of Social Security Administration (Swerdloff, Arthur) (Entered: 02/26/2015) |
| 2015-06-11 | 38 | SUMMONS Returned Executed by Mikhail Yusim. Office of Acting Commissioner of Social Security Administration served on 6/8/2015, answer due 8/7/2015. (Latka-Mucha, Wieslawa) (Entered: 06/11/2015) |
| 2016-04-07 | 39 | NOTICE of Change of Address by Mikhail Yusim. ( Address on docket sheet updated. ) (Barrett, C) (Entered: 04/07/2016) |
| 2016-07-07 | 40 | Letter dated 7/7/2016 from Mikhail Yusim to Hon. Judge Sandra L. Townes, re: case status. (Barrett, C) (Entered: 07/13/2016) |
| 2016-08-15 | 41 | REQUEST to Waive Use of Courier Service for Subpoena by Mikhail Yusim. (Barrett, C) (Entered: 08/15/2016) |
| 2016-12-23 | 42 | ENDORSED ORDER ON DOCUMENT #41, denying 41 Request to Waive Use of Courier Service for Subpoena. Service of a subpoena is governed by Federal Rule of Civil Procedure 45(b) a copy of Rule 45 is attached. (Ordered by Magistrate Judge Lois Bloom on 12/22/2016) c/m (Galeano, Sonia) Modified on 12/28/2016 (Barrett, C). (Entered: 12/23/2016) |
| 2017-09-05 | 43 | ORDER: In a letter dated February 26, 2015, Defendant requested a pre-motion conference in anticipation of moving to dismiss Plaintiff's third amended complaint in this action. Plaintiff has not responded to this pre-motion conference request, except to inquire about the status of this case. Since a pre-motion conference would not be a useful expenditure of the parties' time, it is Ordered that: 1) Defendant's motion for a pre-motion conference is denied; 2) That Defendant is granted permission to move to dismiss Plaintiff's third amended complaint in accordance with the following schedule: a. Defendant shall serve its motion papers on Plaintiff via overnight mail sent on or before September 25, 2017;b. Plaintiff shall serve its opposition papers upon Defendant by mailing them toAUSA Arthur Swerdloff, 271 Cadman Plaza East, Brooklyn, New York 11201,on or before October 27, 2017; c. Defendant shall serve its reply, if any, upon Plaintiff via regular mail sent on or before November 17, 2017; and d. Defendant shall electronically file the fully briefed motion to dismiss and mailcourtesy copies of the motion to chambers on or before November 20, 2017. Ordered by Judge Sandra L. Townes on 8/31/2017. (Brucella, Michelle) (Entered: 09/05/2017) |
| 2017-09-18 | 44 | Letter MOTION for Extension of Time to File Commissioner's motion to dismiss and respectfully requeseting approval of the proposed amended briefing schedule by SSA Office of Disability Adjudication and Review. (Swerdloff, Arthur) (Entered: 09/18/2017) |
| 2017-09-25 | 45 | ORDER granting 44 Motion for Extension of Time to File. So Ordered by Judge Sandra L. Townes on 9/20/2017. (Basnight, Jasmine) (Entered: 09/25/2017) |
| 2017-10-13 | 46 | Letter to pro se plaintiff regarding service of defendant's notice of motion to dismiss, supporting memorandum of law and local civil rules 12.1 and 56.2 notice to pro se litigant opposing motion to dismiss by Office of Acting Commissioner of Social Security Administration (Swerdloff, Arthur) (Entered: 10/13/2017) |
| 2017-11-20 | 47 | RESPONSE to Defendant's Motion to Dismiss filed by Mikhail Yusim. (Attachments: # 1 Motion to Dismiss, # 2 Exhibit, # 3 Envelope) (Tavarez, Jennifer) (Entered: 11/20/2017) |
| 2017-12-06 | 48 | Notice of Motion to Dismiss for Failure to State a Claim by Office of Acting Commissioner of Social Security Administration, SSA Office of Disability Adjudication and Review. (Attachments: # 1 declaration of service) (Swerdloff, Arthur) (Entered: 12/06/2017) |
| 2017-12-06 | 49 | MEMORANDUM in Support re 48 Notice of Motion to Dismiss for Failure to State a Claim filed by Office of Acting Commissioner of Social Security Administration, SSA Office of Disability Adjudication and Review. (Attachments: # 1 Local Civil Rules 12.1 and 56.2 Notice to Pro Se Litigant Opposing Motion to Dismiss) (Swerdloff, Arthur) (Entered: 12/06/2017) |
| 2017-12-06 | 50 | Letter to the Honorable Sandra L. Townes, enclosing the courtesy copies of the parties' fully briefed motions by Office of Acting Commissioner of Social Security Administration, SSA Office of Disability Adjudication and Review (Swerdloff, Arthur) (Entered: 12/06/2017) |
| 2018-02-21 | | Case Reassigned to Judge LaShann DeArcy Hall. Judge Sandra L. Townes no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 02/21/2018) |
| 2018-09-11 | 51 | MEMORANDUM AND ORDER: As set forth in the Court's September 11, 2018 Memorandum and Order, Defendant's December 6, 2017 motion 48 to dismiss the complaint is GRANTED. See attached Memorandum and Order for details. The Clerk of Court is respectfully directed to to serve a copy of this Order on the pro se Plaintiff and close the case. Ordered by Judge LaShann DeArcy Hall on 9/11/2018. (Valentin, Winnethka) (Entered: 09/11/2018) |
| 2018-09-12 | 52 | JUDGMENT: It is ORDERED and ADJUDGED that Defendant's motion to dismiss Plaintiff's third amended complaint is granted; that the complaint is dismissed with prejudice; that pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on September 12, 2018. (Copy of this Judgment and the attached appeals packet sent to pro se Plaintiff via first class mail.) (Latka-Mucha, Wieslawa) (Entered: 09/12/2018) |
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