Koltutskiy v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER OF REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g) signed by Magistrate Judge Carolyn K. Delaney on 8/29/13. Upon remand, the Commissioner will continue to search for the claim file, commence reconstruction of the claim file, or hold a de novo hearing. CASE CLOSED(Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, SBN IL 619786
Acting Regional Chief Counsel, Region IX
Social Security Administration
BEN A. PORTER, SBN WA 19145
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: Ben A. Porter
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MIKHAIL KOLTUTSKIY ,

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Plaintiff,
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v.
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CAROLYN W. COLVIN1,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)

CIVIL NO. 2:13-CV-00573-CKD
STIPULATION AND PROPOSED ORDER
OF REMAND PURSUANT TO SENTENCE
SIX OF 42 U.S.C. § 405(g)

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the

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approval of the Court as provided below, that the Commissioner has agreed to voluntary remand of this

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case for further administrative proceedings pursuant to the sixth sentence of section 205(g) of the Social

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Security Act, 42 U.S.C. § 405(g). The Commissioner is unable to locate the claim file. Upon remand,

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the Commissioner will continue to search for the claim file, commence reconstruction of the claim file,

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or hold a de novo hearing.

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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) .

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Respectfully submitted,
Dated: August 27, 2013

/s/ Jesse S. Kaplan
(As authorized via telephone)
JESSE S. KAPLAN
Attorney for Plaintiff

Dated: August 27, 2013

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Ben A. Porter
BEN A. PORTER
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
Dated: August 29, 2013
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order of Sentence Six Remand