(SS) Koeneke v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 08/28/2024 REMANDING CASE to Commissioner of Social Security and DENYING 9 Motion for Summary Judgment as moot. CASE CLOSED. (Murphy, J)

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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
Attorneys for Defendant
EASTERN DISTRICT OF CALIFORNIA
Attorneys for Defendant

SACRAMENTO DIVISION

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ASHLEY KOENEKE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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) Civil No. 2:24-cv-01006-JDP
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) STIPULATION AND [PROPOSED] ORDER
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) FOR VOLUNTARY REMAND
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IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys,

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and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary

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remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to

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offer Plaintiff a new decision. The parties agree that no specific aspect of the Commissioner’s final

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decision is affirmed.

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On remand, the Commissioner will offer Plaintiff the opportunity for a hearing; develop the

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record as necessary; and issue a new decision. The parties further request that the Clerk of the Court be

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directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision
of the Commissioner. Plaintiff’s motion for summary judgment, ECF No. 9, is denied as moot.

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Date: August 28, 2024

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LAW OFFICES OF FRANCESCO BENAVIDES
By:

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/s/ Francesco Benavides*
FRANCESCO BENAVIDES
*Authorized by email on July 26, 2024
Attorneys for Plaintiff

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Date: August 28, 2024

PHILIP A. TALBERT
United States Attorney
Eastern District of California

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By:

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

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ORDER

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APPROVED AND SO ORDERED

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IT IS SO ORDERED.

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Dated:

August 28, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE