Hayward v. Commissioner of Social Security

S.D. New York

Hayward v. Commissioner of Social Security

District Court, S.D. New York·Decided March 9, 2020·No. 1:18-cv-10402-SN·Unknown

Opinion

uspcspsy—(‘i‘isés@rY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK | DOC #: □□□□□□□□□□□□□□□□□□□□□ === □□□□□□□□□□□□□□□□□□□□□□□□□□□□ ] DATE FILED: 2972020 □ on JOHN L. HAYWARD, Plaintiff, 18-CV-10402 (SN) -against- ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant.

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SARAH NETBURN, United States Magistrate Judge: On March 6, 2020, the Commissioner requested leave to withdraw his motion to dismiss as an exercise of the agency’s discretion and in light of Smith v. Berryhill, 139 S. Ct. 1765 (2019). That motion is GRANTED. The Commissioner shall file and serve the Electronic Certified Administrative Record (e- CAR) and motion for judgment on the pleadings by April 20, 2020. Plaintiff's response is due by June 19, 2020. The Commissioner’s reply is due by July 10, 2020. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 12 as withdrawn. SO ORDERED. SARAH NETBURN United States Magistrate Judge DATED: New York, New York March 9, 2020

ce: John L Hayward (By Chambers) 2284 Grand Avenue, Apt 2H Bronx, NY 10468

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uspcspsy—(‘i‘isés@rY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK | DOC #: □□□□□□□□□□□□□□□□□□□□□ === □□□□□□□□□□□□□□□□□□□□□□□□□□□□ ] DATE FILED: 2972020 □ on JOHN L. HAYWARD, Plaintiff, 18-CV-10402 (SN) -against- ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant.

nnn nnn eX

SARAH NETBURN, United States Magistrate Judge: On March 6, 2020, the Commissioner requested leave to withdraw his motion to dismiss as an exercise of the agency’s discretion and in light of Smith v. Berryhill, 139 S. Ct. 1765 (2019). That motion is GRANTED. The Commissioner shall file and serve the Electronic Certified Administrative Record (e- CAR) and motion for judgment on the pleadings by April 20, 2020. Plaintiff's response is due by June 19, 2020. The Commissioner’s reply is due by July 10, 2020. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 12 as withdrawn. SO ORDERED. SARAH NETBURN United States Magistrate Judge DATED: New York, New York March 9, 2020

ce: John L Hayward (By Chambers) 2284 Grand Avenue, Apt 2H Bronx, NY 10468

Hayward v. Commissioner of Social Security, (S.D.N.Y. 2020).

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