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Case TitleNew York Legal Assistance Group v. Social Security Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv09363
Date Filed2023-10-24
Date ClosedOpen
JudgeJudge Andrew L. Carter, Jr
PlaintiffNew York Legal Assistance Group
Case DescriptionThe New York Legal Assistance Group filed a pattern or practice claim against the Social Security Administration for failing to grant fee waivers.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantSocial Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [19]
Opinion/Order [21]
Opinion/Order [27]
Opinion/Order [29]
Opinion/Order [34]
Opinion/Order [39]
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-241COMPLAINT against Social Security Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-28470089)Document filed by New York Legal Assistance Group. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2).(Ranucci, Jessica) (Entered: 10/24/2023)
2023-10-242FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Social Security Administration, re: 1 Complaint. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) Modified on 10/25/2023 (vf). (Entered: 10/24/2023)
2023-10-243CIVIL COVER SHEET filed..(Ranucci, Jessica) (Entered: 10/24/2023)
2023-10-244RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 10/24/2023)
2023-10-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) (Entered: 10/25/2023)
2023-10-25Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (vf) (Entered: 10/25/2023)
2023-10-25Case Designated ECF. (vf) (Entered: 10/25/2023)
2023-10-25***DELETED DOCUMENT. Deleted document number 5 ELECTRONIC SUMMONS ISSUED as to Social Security Administration. The document was incorrectly filed in this case. (vf) (Entered: 10/25/2023)
2023-10-25***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jessica Grace Ranucci to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. FOIA Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 10/25/2023)
2023-10-255REQUEST FOR ISSUANCE OF SUMMONS as to Social Security Administration, re: 1 Complaint. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 10/25/2023)
2023-10-256LETTER MOTION for Leave to File Correct Complaint addressed to Judge John G. Koeltl from Jessica Ranucci dated October 25, 2023. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 10/25/2023)
2023-10-267ELECTRONIC SUMMONS ISSUED as to Social Security Administration..(jgo) (Entered: 10/26/2023)
2023-10-26NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge John G. Koeltl is no longer assigned to the case. (vba) (Entered: 10/26/2023)
2023-10-268ORDER granting 6 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/26/2023) (ate) (Entered: 10/26/2023)
2023-10-269CORRECTED COMPLAINT against Social Security Administration. Document filed by New York Legal Assistance Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Ranucci, Jessica) Modified on 10/27/2023 (gp). (Entered: 10/26/2023)
2023-10-3110NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of New York Legal Assistance Group..(Tarantolo, Danielle) (Entered: 10/31/2023)
2023-11-0111SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint served. Social Security Administration served on 10/31/2023, answer due 11/30/2023. Service was made by Mail. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 11/01/2023)
2023-11-2112LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Andrew L. Carter, Jr. from Tara Schwartz dated November 21, 2023. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 11/21/2023)
2023-11-2113ORDER granting 12 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/21/2023) (ate) (Entered: 11/21/2023)
2023-11-21Set/Reset Deadlines: Social Security Administration answer due 2/2/2024. (ate) (Entered: 11/21/2023)
2024-01-3114LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from Tara Schwartz dated January 31, 2024. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 01/31/2024)
2024-01-3115ORDER granting 14 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/31/2024) (tg) (Entered: 01/31/2024)
2024-01-31Set/Reset Deadlines: Social Security Administration answer due 3/1/2024. (tg) (Entered: 01/31/2024)
2024-02-2816CONSENT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Tara Schwartz dated February 28, 2024. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 02/28/2024)
2024-02-2817ORDER granting 16 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/28/2024) (ks) (Entered: 02/28/2024)
2024-02-28Set/Reset Deadlines: Social Security Administration answer due 4/1/2024. (ks) (Entered: 02/28/2024)
2024-03-0818FILING ERROR DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending 9 Complaint against Social Security Administration.Document filed by New York Legal Assistance Group. Related document: 9 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6).(Ranucci, Jessica) Modified on 3/11/2024 (jgo). (Entered: 03/08/2024)
2024-03-11***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Grace Ranucci to RE-FILE re: Document No. 18 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF is titled 'Complaint'; the pleading is amended more than 21 days after service of the original pleading; Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) (Entered: 03/11/2024)
2024-03-1219CONFERENCE ORDER The Court will hold a telephonic conference in this action on March 20, 2024 at 3:00PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. (Telephone Conference set for 3/20/2024 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 3/12/2024) (jca) (Entered: 03/12/2024)
2024-03-1420LETTER MOTION for Leave to File Direct Clerk to Accept Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Danielle Tarantolo dated March 14, 2024. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 03/14/2024)
2024-03-1921ORDER: The Court telephonic conference scheduled March 20, 2024 at 3:00PM Eastern Time is hereby cancelled. Plaintiff is directed to refile its Amended Complaint, and once filed, the Clerk of the Court is respectfully directed to accept the Amended Complaint. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/19/2024) (tg) (Entered: 03/19/2024)
2024-03-1922AMENDED COMPLAINT amending 9 Complaint against Social Security Administration.Document filed by New York Legal Assistance Group. Related document: 9 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6).(Ranucci, Jessica) (Entered: 03/19/2024)
2024-04-0223ANSWER to 22 Amended Complaint,. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 04/02/2024)
2024-04-1024ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Andrew L. Carter, Jr on 4/10/2024) (ate) (Entered: 04/10/2024)
2024-04-1225INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/7/2024 at 12:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 4/12/2024) (rro) (Entered: 04/12/2024)
2024-04-1526LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Jessica Ranucci dated April 15, 2024. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 04/15/2024)
2024-04-1627ORDER granting 26 Letter Motion to Adjourn Conference. Application GRANTED. The initial conference scheduled for May 7, 2024 is ADJOURNED to Wednesday, May 15, 2024 at 10:00 a.m. Initial Conference set for 5/15/2024 at 10:00 AM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 4/16/2024) (rro) (Entered: 04/16/2024)
2024-05-0628CONSENT LETTER MOTION for Extension of Time to File Case Management Plan addressed to Magistrate Judge Ona T. Wang from Jessica Ranucci dated May 6, 2024. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 05/06/2024)
2024-05-0629ORDER granting 28 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/6/2024) (ate) (Entered: 05/06/2024)
2024-05-1030JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Danielle Tarantolo dated 05/10/24 re: Joint Letter Describing Discovery Dispute. Document filed by New York Legal Assistance Group. (Attachments: # 1 Proposed Order Plaintiffs' Proposed Case Management Plan).(Tarantolo, Danielle) (Entered: 05/10/2024)
2024-05-1431LETTER MOTION for Conference re SSA's Motion to Dismiss Claims One, Two, and Three of the Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Tara Schwartz dated May 14, 2024. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 05/14/2024)
2024-05-1532POST-CONFERENCE ORDER terminating 31 Letter Motion for Conference re: 31 LETTER MOTION for Conference re SSA's Motion to Dismiss Claims One, Two, and Three of the Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Tara Schwartz dated May 14, 2024. The Court held an Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure on May 15, 2024. As ordered at the conference, Plaintiff is directed to propound its limited discovery requests by May 31, 2024. The parties are further directed to meet and confer regarding a briefing schedule and potential scope for Defendant's proposed motion to dismiss. (See ECF 31). The Court will hold a Status Conference on Tuesday, June 25, 2024 at 10:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties shall file a joint status letter by Friday, June 21, 2024, describing any outstanding issues and the steps taken to resolve them without Court intervention. The Clerk of Court is respectfully directed to close ECF 31. (Signed by Magistrate Judge Ona T. Wang on 5/15/2024) (ate) (Entered: 05/15/2024)
2024-05-15Set/Reset Hearings: Status Conference set for 6/25/2024 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (ate) (Entered: 05/15/2024)
2024-05-15Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Case Management Conference held on 5/15/2024. (Quinn, Diane) (Entered: 05/30/2024)
2024-05-1633JOINT LETTER MOTION for Extension of Time to File Letter to Judge Carter and Judge Wang seeking clarification of the Court's order or, in the alternative, extension of time to file pre-motion letter response addressed to Judge Andrew L. Carter, Jr. from Jessica Ranucci dated May 16, 2024. Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 05/16/2024)
2024-05-1634ORDER granting 33 Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 5/16/24) (yv) (Entered: 05/16/2024)
2024-05-1635ORDER : The Court has reviewed ECF 33 and 34. At yesterday's status conference the parties discussed at length various proposals to streamline potential dispositive motions in this case. Thus, the joint status letter deadline of June 21 (ECF 32) was intended to allow the parties additional time to confer on the timing and scope of anticipated dispositive motions after having an opportunity to review the transcript from yesterday's conference. I then expected to use that status letter to have further conversations regarding motion practice at the next status conference on June 25. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (Wang, Ona) (Entered: 05/16/2024)
2024-05-1636TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 5/15/2024 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Adrienne Mignano, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2024. Redacted Transcript Deadline set for 6/17/2024. Release of Transcript Restriction set for 8/14/2024. (js) (Entered: 05/16/2024)
2024-05-1637NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 5/15/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) (Entered: 05/16/2024)
2024-05-17The parties are hereby ordered to comply with the joint status report deadline set by Judge Wang in ECF No. 32. Per Judge Wang's order, Plaintiff is no longer required to respond to Defendant's pre-motion letter given the upcoming JSR due June 21, 2024. (HEREBY ORDERED by Judge Andrew L. Carter, Jr.) (Text Only Order) (JDB) (Entered: 05/17/2024)
2024-06-2138STATUS REPORT. Joint status letter in advance of June 25, 2024 conference Document filed by New York Legal Assistance Group..(Ranucci, Jessica) (Entered: 06/21/2024)
2024-06-2539POST-CONFERENCE ORDER: The Court held a Status Conference on Tuesday, June 25, 2024. The parties are directed to meet and confer as directed at the conference. The parties are further directed to file a joint status letter by Friday, July 26, 2024. (Signed by Magistrate Judge Ona T. Wang on 6/25/2024) (rro) (Entered: 06/25/2024)
2024-06-25Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 6/25/2024. (Quinn, Diane) (Entered: 07/09/2024)
2024-07-0840LETTER addressed to Magistrate Judge Ona T. Wang from Tara Schwartz dated July 8, 2024 re: Stipulation and Proposed Protective Order. Document filed by Social Security Administration. (Attachments: # 1 Exhibit 1).(Schwartz, Tara) (Entered: 07/08/2024)
2024-07-0841PROPOSED PROTECTIVE ORDER. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 07/08/2024)
2024-07-0942STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/9/2024) (vfr) (Entered: 07/10/2024)
2024-07-1043TRANSCRIPT of Proceedings re: CONFERENCE held on 6/25/2024 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Marissa Lewandowski, (631) 813-9335. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2024. Redacted Transcript Deadline set for 8/12/2024. Release of Transcript Restriction set for 10/8/2024. (js) (Entered: 07/10/2024)
2024-07-1044NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/25/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) (Entered: 07/10/2024)
2024-07-2645STATUS REPORT. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 07/26/2024)
2024-07-3046MEMO ENDORSEMENT on re: 45 Status Report filed by Social Security Administration. ENDORSEMENT: The parties are directed to file a joint status letter on the last business Friday of each month, beginning August 30, 2024. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/30/2024) (sgz) (Entered: 07/31/2024)
2024-08-3047STATUS REPORT. Document filed by Social Security Administration..(Schwartz, Tara) (Entered: 08/30/2024)
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