Swim v. Astrue

Filing 13

ORDER re 12 Stipulation filed by Michael J. Astrue. Signed by Judge Vadas on 9/19/11. (glm, COURT STAFF) (Filed on 9/19/2011)

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1 2 3 4 5 6 7 8 9 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA L. CALVERT, IL SBN 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration DAVID LERCH, CSBN 229411 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8936 Facsimile: (415) 744-0134 E-Mail: David.Lerch@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 LISA JEAN SWIM, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) Case No. 1:11-cv-02128-NJV STIPULATION AND ORDER TO REOPEN 18 19 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be reopened. 21 22 On July 25, 2011, the Court remanded to the Commissioner of Social Security for further 23 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 24 U.S.C. § 405(g), sentence six. On August 18, 2011, the Appeals Council vacated its prior denial 25 of Plaintiff’s request for review dated February 25, 2011, removed Exhibit 17F from the 26 27 28 Plaintiff’s record, and again denied Plaintiff’s request for review of the decision of the Administrative Law Judge dated September 14, 2009. Stip. & Proposed Order to Reopen, 1:11-CV-02128-NJV 1 2 The parties now stipulate to reopen this matter for resolution before this Court. Upon receiving the Court’s order reopening this matter, the Commissioner will file the answer and the 3 4 administrative transcript. Respectfully submitted, 5 6 7 DATED: September 15, 2011 DATED: By: September 16, 2011 8 9 s/Kenneth J. Collins [per email authorization] KENNETH J. COLLINS, Attorney for Plaintiff 10 11 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 12 13 14 By: 15 16 17 s/ David Lerch DAVID LERCH Special Assistant United States Attorney Attorneys for Defendant 18 19 ORDER 20 PURSUANT TO STIPULATION, IT IS SO ORDERED: 21 Dated: September 19, 2011 22 By:___________________ NANDOR J. VADAS United States Magistrate Judge 23 24 25 26 27 28 Stip. & Proposed Order to Reopen, 1:11-CV-02128-NJV 2

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