Bushnell v. Berryhill

Filing 21

ORDER GRANTING 20 STIPULATION TO REMAND. Signed by Judge Edward J. Davila on 11/8/2017. The Clerk shall close this file. (ejdlc2S, COURT STAFF) (Filed on 11/8/2017)

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BRIAN J. STRETCH, CSBN 163973
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel
DANIEL P. TALBERT, SBN OH 0084088
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHAREE BUSHNELL,

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No. 5:17-cv-02718-EJD

Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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STIPULATION AND PROPOSED ORDER
TO REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

Defendant.1

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The parties stipulate that, subject to the approval of the Court, this action shall be

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remanded to the Commissioner of Social Security for further administrative action pursuant to

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section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four. Upon

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remand, the administrative law judge will consider the medical source statements in the record.
The parties further request that the Clerk of the Court be directed to enter a final judgment

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in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Carolyn W.
Colvin as the defendant in this suit. No further action need be taken to continue this suit by
reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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Bushnell v. Berryhill, 5:17-cv-02718-EJD

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decision of the Commissioner.
Respectfully submitted November 7, 2017.

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DATED: November 7, 2017

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TERRY LAPORTE
(as authorized by email)

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Attorney for Plaintiff

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BRIAN J. STRETCH
United States Attorney

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s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney

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Attorneys for Defendant

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DATE: November 7, 2017

By

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Bushnell v. Berryhill, 5:17-cv-02718-EJD 2

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ORDER
Pursuant to stipulation, it is so ordered.

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DATE: November 8, 2017

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Bushnell v. Berryhill, 5:17-cv-02718-EJD

______________________________
HON. EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE