Johnson v. Social Security Administration
- Stewart Aaron
- 1:19-cv-03749
- U.S. District Court · Southern District of New York
- 2
Johnson v. Commissioner of Social Security: Magistrate Judge Aaron denied Johnson’s default-judgment motion because the Commissioner had appeared and filed a motion to dismiss.
Robert W. Johnson’s motion for default judgment was denied, and he was ordered to respond to the Commissioner of Social Security’s motion to dismiss by December 20, 2019.
What happened
In Robert W. Johnson v. Commissioner of Social Security, Johnson asked the court to enter a default judgment in his Social Security benefits case. He argued that the Commissioner had missed court deadlines, including a deadline to file the certified administrative record.
The court noted that default-judgment motions must follow federal and local court rules. It also explained that default judgment generally is not available when the opposing party has appeared to defend the case. The Commissioner had appeared and filed a motion to dismiss.
Magistrate Judge Stewart D. Aaron denied Johnson’s motion. The court ordered Johnson to respond to the Commissioner’s motion to dismiss by December 20, 2019, and directed the Clerk of Court to mail Johnson a copy of the order.
The detailed version
- Johnson v. Social Security Administration · No. 1:19-cv-03749
- Stewart Aaron
- Nov. 21, 2019
Background
On November 8, 2019, Robert W. Johnson filed a motion seeking a default judgment in his claim for Social Security benefits. Johnson argued, among other things, that the Commissioner had not met court deadlines, including the deadline to file the electronic certified administrative record. The opinion identifies Johnson as appearing without a lawyer.
Legal standard
The court stated that a motion for default judgment must comply with Rule 55(b) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2. The court also stated that default judgment generally is denied when the opposing party has appeared to defend, unless it is clear that the defense could not succeed under any circumstances.
Ruling
The court found that the Commissioner had appeared and filed a motion to dismiss. Based on that appearance and filing, the court held that Johnson’s motion was without merit and denied it. The order does not decide the merits of Johnson’s Social Security benefits claim or the Commissioner’s motion to dismiss.
Further order
The court ordered Johnson to respond to the Commissioner’s motion to dismiss by December 20, 2019. It also provided information about a legal clinic for people in civil cases who do not have lawyers, while explaining that the clinic is not part of the court and cannot file documents for an unrepresented party. The Clerk of Court was directed to terminate the motion at Electronic Court Filing No. 31 and mail Johnson a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.