Takiah Mignon Stroman v. Carolyn w Colvin

Filing 19

ORDER by Judge Kandis A. Westmore granting as unopposed 16 Motion for Summary Judgment and Remanding for further administrative proceedings before a different ALJ. (kawlc1, COURT STAFF) (Filed on 8/3/2015) Modified on 8/3/2015 (kawlc1, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

TAKIAH MIGNON STROMAN,

Case No. 15-cv-00633-KAW

Plaintiff,
8
v.
9
10

CAROLYN W COLVIN,
Defendant.

Re: Dkt. No. 16

11
United States District Court
Northern District of California

ORDER GRANTING PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
AS UNOPPOSED AND REMANDING
THE CASE FOR FURTHER
PROCEEDINGS

12
13

On June 23, 2015, Plaintiff Takiah Mignon Stroman filed a motion for summary judgment

14

in her social security case. The Government’s opposition was due on or before July 21, 2015. To

15

date, the Government has not filed an opposition despite its communication with Plaintiff’s

16

counsel. (See Dkt. No. 18-1.)

17

Accordingly, the motion for summary judgment is GRANTED as unopposed and the case

18

is REMANDED for further administrative proceedings before a different administrative law judge.

19

See Judge Westmore’s General Standing Order ¶ 22 (“The failure of the opposing party to file a

20

memorandum of points and authorities in opposition to any motion shall constitute consent to the

21

granting of the motion”). Specifically, the further proceedings shall include making a new

22

determination regarding Plaintiff’s residual functional capacity, shall address the weight given to

23

Plaintiff’s treating physicians, and shall address Plaintiff’s credibility prior to determining whether

24

Plaintiff is disabled under the Social Security Act.

25
26
27
28

IT IS SO ORDERED.
Dated: August 3, 2015
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge