Martin v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/2013 ORDERING 13 it is therefore appropriate to REOPEN this case in order to resolve the Court's sentence-six jurisdiction. Upon reopening, the parties stipulate that judgment should be entered for plaintiff. IT IS SO ORDERED Judgment shall be ENTERED in favor of Plaintiff. CASE REOPENED (Reader, L)

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BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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JAMES MARTIN,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
_____________________________________ )

CASE NO. 2:10-cv-02226-GGH
STIPULATION AND ORDER
TO REOPEN AND ENTER JUDGMENT
FOR PLAINTIFF

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The parties hereby stipulate, through their undersigned attorneys, and with the approval

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of the Court, that this case shall be reopened for the purpose of entering judgment for Plaintiff.
On March 30, 2011, pursuant to the stipulation of the parties, this Court remanded the

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instant case to the Commissioner for a new hearing. Certain exhibits were missing from the

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record, which made meaningful review of the case impossible. On February 8, 2012, an

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).

1 - Stipulation & Order to Reopen and Enter Judgment for Plaintiff

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administrative law judge (ALJ) issued a fully favorable decision in Plaintiff’s case (see

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Exhibit 1).

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Now that the administrative proceedings have concluded, reopening is necessary. In a

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sentence-six remand case, the Court retains jurisdiction following the remand. See Melkonyan v.

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Sullivan, 501 U.S. 89, 98 (1991) (district court retains jurisdiction over Social Security cases

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remanded under 42 U.S.C. § 405(g), sentence six, and where the final administrative decision is

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favorable to one party or the other, the Commissioner is to return to the court following

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completion of the administrative proceedings on remand so that the court may enter a final

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judgment); see also Shalala v. Schaefer, 509 U.S. 292, 298-300 (1993).

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[A] sentence six remand, because of clear language in the social security statute,
implies and necessarily involves a reservation of jurisdiction for the future and
contemplates further proceedings in the district court and a final judgment at the
conclusion thereof. A sentence six remand judgment, the Court said, is therefore
always interlocutory and never a “final” judgment.
Carrol v. Sullivan, 802 F.Supp. 295, 300 (C. D. Cal. 1992) (paraphrasing and quoting

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Melkonyan).
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It is therefore appropriate to reopen this case in order to resolve the Court’s sentence-

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six jurisdiction. Upon reopening, the parties stipulate that judgment should be entered for
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Plaintiff.
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Respectfully submitted,
Dated: May 6, 2013

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/s/ Bess Brewer
(As authorized via email)
BESS BREWER
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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Dated: May 6, 2013

By /s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant

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ORDER
Pursuant to stipulation, it is so ordered. Judgment shall be entered in favor of plaintiff.
Dated: November 21, 2013

/s/ Gregory G. Hollows

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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Martin2226.jdmt

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3 - Stipulation & Order to Reopen and Enter Judgment for Plaintiff