(SS) Castro v. Commissioner of Social Security

Filing 24

ORDER GRANTING 23 Stipulation and Unopposed Motion for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment, signed by Magistrate Judge Sheila K. Oberto on 11/09/2023. CASE CLOSED.(Maldonado, C)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA No. 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [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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MARGARET CASTRO,

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security
Defendant.

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Case No.: 1:23-cv-00333-SKO
ORDER GRANTING STIPULATION AND
UNOPPOSED MOTION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT
(Doc. 23)

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IT IS HEREBY STIPULATED, by and between the parties, through their undersigned
attorneys, and with the approval of the Court, that the Commissioner of Social Security has
agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The
purpose of the remand is to offer Plaintiff a new decision.
On remand, the Commissioner will conduct any necessary further proceedings and issue
a new decision. The parties further request that the Clerk of the Court be directed to enter a final

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Stip. and Unopp. Mot. For Voluntary Remand; Case 1:23-cv-00333-SKO

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.
Respectfully submitted,

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Dated: November 6, 2023

/s/Jonathan Omar Pena *
(*as authorized via e-mail on 10/31/23)
JONATHAN OMAR PENA
Attorney for Plaintiff

Dated: November 6, 2023

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of

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42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (Doc. 23), and for cause

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shown, IT IS HEREBY ORDERED that the above-captioned action is remanded to the

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Commissioner of Social Security for further proceedings consistent with the terms of the

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Stipulation to Remand.
The Clerk of the Court shall enter a final judgment in favor of Plaintiff, and against

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Defendant, vacating and reversing the final decision of the Commissioner and thereafter close

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this case.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 9, 2023

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UNITED STATES MAGISTRATE JUDGE

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Stip. and Unopp. Mot. For Voluntary Remand; Case 1:23-cv-00333-SKO

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