(SS) Zavala v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 06/05/24 REMANDING action to Commissioner of Social Security for future proceedings per sentence four; The Clerk to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. CASE CLOSED (Licea Chavez, V)

1
2
3
4
5
6
7
8
9
10

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

11

SACRAMENTO DIVISION

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

SALVADOR ZAVALA,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

) Civil No. 2:24-cv-00103-DMC
)
) STIPULATION AND ORDER FOR
)
) VOLUNTARY REMAND
)
)
)
)
)
)
)

1
2
3
4
5
6
7
8
9

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: June 5, 2024

10

KELLY, DUARTE, URSTOEGER & RUBLE, LLP
By:

11
12
13
14

Date: June 5, 2024

PHILIP A. TALBERT
United States Attorney
Eastern District of California

15
16

/s/ Caspar Chan for Jeffrey R. Duarte *
JEFFREY R. DUARTE
*Authorized by email on June 5, 2024
Attorneys for Plaintiff

By:

17
18

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

19
20
21
22
23
24
25
26
27
28

ORDER
APPROVED AND SO ORDERED
Dated: June 5, 2024
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE