(SS) Novotny v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/24 REMANDING CASE to the Commissioner of Social Security. CASE CLOSED (Kastilahn, A)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
CASPAR CHAN, CSBN 294804
Special Assistant United States Attorney
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LAURA NOVOTNY,
Plaintiff,

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v.
MARTIN O’MALLEY,
Commissioner of Social Security, 1

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Defendant.

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) Civil No. 2:23-cv-01880-CKD
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) STIPULATION AND ORDER FOR
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) VOLUNTARY REMAND
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1

Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi
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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IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys,
and with the approval of the Court, that this action be remanded for further administrative action
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 offer Plaintiff an opportunity for a new hearing, further
develop the record as necessary, and issue a new decision. 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.
Date: February 7, 2024

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LAW OFFICES OF FRANCESCO BENAVIDES
By:

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Date: February 7, 2024

PHILIP A. TALBERT
United States Attorney
Eastern District of California

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By:

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/s/ Caspar Chan for Francesco Benavides *
FRANCESCO BENAVIDES
*Authorized by email on February 7, 2024
Attorneys for Plaintiff

/s/ Caspar Chan
CASPAR CHAN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
APPROVED AND SO ORDERED.
Dated: February 7, 2024
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE