Hawkins v. Commissioner of Social Security

Background

By an order dated February 3, 2023, the court referred the case to Magistrate Judge Judith C. McCarthy for a report and recommendation. The opinion does not state the substance of Hawkins’s underlying claim against the Commissioner of Social Security.

Order

To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge McCarthy conduct all further proceedings. The court explained that this could include the trial and entry of final judgment.

If both parties consented, the defendant’s counsel had to file a letter and a fully completed consent form by February 21, 2023. If the court approved the form, Magistrate Judge McCarthy would conduct all further proceedings instead of Judge Briccetti. Any appeal from a judgment entered in that process would go directly to the United States Court of Appeals for the Second Circuit.

If either party did not consent, the defendant’s counsel had to file a letter by February 21, 2023, stating that the parties did not consent, without identifying the party or parties who withheld consent. The order stated that the parties could withhold consent without negative consequences.

Disposition

The court entered an order concerning possible consent to magistrate-judge jurisdiction. It did not rule on the merits of Hawkins’s Social Security case or grant or deny any merits motion.