Goldstein v. Colvin

Filing 71

ORDER by Magistrate Judge Howard R. Lloyd re 67 68 69 Motion for Writ of Mandamus. Status Conference set for 3/21/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 3/8/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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STEVEN MICHAEL GOLDSTEIN,

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Plaintiff,

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ORDER RE MOTION FOR WRIT OF
MANDAMUS

v.

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NANCY A. BERRYHILL,1

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Re: Dkt. Nos. 67, 68, 69

Defendants.

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In this action, plaintiff appeals the Commissioner’s decision denying his claim for survivor

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Case No.5:13-cv-03504-HRL

benefits. The matter was remanded pursuant to 42 U.S.C. § 405(g), sentence six.

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Plaintiff moves to amend his complaint to assert a claim for mandamus directing the

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Commissioner to pay him the claimed survivor benefits, without any reductions. Additionally, he

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seeks sanctions against defendant on the ground that the remand proceedings are not complete.

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Insofar as plaintiff seeks mandamus on the ultimate issue of his claimed entitlement to benefits,

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his motion is denied. It is not apparent that the question of plaintiff’s entitlement to benefits is a

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matter falling within the Commissioner’s nondiscretionary duty, and § 405(g) is the exclusive

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remedy available. Hironymous v. Bowen, 800 F.2d 888 (9th Cir. 1986). As for the status of the

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remand proceedings, the extraordinary remedy of mandamus (or an amended pleading) is

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Nancy A. Berryhill is automatically substituted for Carolyn Colvin as the defendant in this suit.
Fed. R. Civ. P. 25(d).

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unnecessary, inasmuch as plaintiff may seek (as he has done through the present motion) to

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enforce what he believes was required under the court’s prior April 17, 2015 order. On this

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record, it is unclear whether a finding of contempt or sanctions are warranted. The court sets a

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status conference for March 21, 2017, 1:30 p.m. to discuss the matter.

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SO ORDERED.

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Dated: March 8, 2017

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HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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