Hernandez v. Astrue

Filing 17

ORDER granting 11 Motion to Amend/Correct. Amended complaint to be filed no later than 9/11/2009; answer to amended complaint to be filed no later than 9/25/2009. Signed by Judge David G Campbell on 9/2/2009.(NVO )

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

John C. Hernandez, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security Administration, Defendant.

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No. CV-09-621-PHX-DGC ORDER

On March 27, 2009, Plaintiff filed a complaint seeking judicial review of Defendant's administrative decision to deny social security benefits. Dkt. #1. Plaintiff has filed a motion to amend the complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. Dkt. #11. Plaintiff seeks to replace language challenging the ALJ's initial decision with language setting forth purported errors in the ALJ's second decision, which is the subject of the instant action. Id. at 1-2. Defendant does not oppose the motion. Dkt. #16. Consistent with Rule 15's liberal amendment policy, the Court will grant the motion. IT IS ORDERED: 1. 2. Plaintiff's motion to amend complaint (Dkt. #11) is granted. Plaintiff shall file the proposed lodged amended complaint (Dkt. #11-2) by September 11, 2009.

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3.

Defendant shall file an answer by September 25, 2009.

DATED this 2nd day of September, 2009.

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