(SS)Padilla Najera v. Commissioner of Social Security

Filing 20

STIPULATION to voluntary remand pursuant to Sentence Four of 42 USC 405(g) and to entry judgment for Plaintiff; ORDER signed by Magistrate Judge Erica P. Grosjean on 10/10/2019. CASE CLOSED. (Lundstrom, T)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ALLISON J. CHEUNG, CSBN 244651
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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Plaintiff,

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JOHNNY PADILLA NAJERA,

vs.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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Case No. 1:18-cv-01629-EPG
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR
PLAINTIFF; ORDER

IT IS HEREBY STIPULATED by and between the parties, through their undersigned
attorneys, that this action be remanded for further administrative action pursuant to the Social
Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four.
On remand, the Appeals Council will remand the case to an administrative law judge
(ALJ) for a new decision.

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The parties further request that the Clerk of the Court be directed to enter a final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner.
Respectfully submitted,

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Dated: October 9, 2019

PENA & BROMBERG, PLC

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/s/ Jonathan O. Peña*_____
(*as authorized via email on October 9, 2019)
JONATHAN O. PENA, ESQ.
Attorney for Plaintiff

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Dated: October 10, 2019

McGREGOR SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the above Stipulation, and for good cause shown, IT IS ORDERED that the
above-captioned action be remanded to the Commissioner of Social Security for further
proceedings consistent with the terms of the Stipulation. IT IS FURTHER ORDERED that the
Clerk of Court is directed to enter a final judgment in favor of Plaintiff, and against Defendant,
reversing the final decision of the Commissioner.
IT IS SO ORDERED.

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Dated:

October 10, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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