Cooper v. Astrue

Filing 19

ORDER: 1) Adopting 18 Report and Recommendation; 2) granting Plaintiff's 11 Motion for Summary Judgment; 3) denying Defendant's 15 Cross-Motion for Summary Judgment; 4) Remanding for further proceedings. Signed by Judge Anthony J. Battaglia on 1/7/14. (certified order sent to SSA). (cge)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CAROL A. COOPER,
v.

Plaintiff,

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CAROLYN W. COLVIN, Acting
14 Commissioner of Social Security,
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Defendant.

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Civil Case No. 12cv2673 AJB (DHB)
ORDER:
(1) ADOPTING REPORT AND
RECOMMENDATION, (Doc. No.
18);
(2) GRANTING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT, (Doc. No. 11);
(3) DENYING DEFENDANT’S
CROSS-MOTION FOR SUMMARY
JUDGMENT, (Doc. No. 15); AND
(4) REMANDING FOR FURTHER
PROCEEDINGS.

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On November 2, 2012, Plaintiff Carol A. Cooper (“Plaintiff”) filed a complaint

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pursuant to 42 U.S.C. § 405(g), requesting judicial review of an adverse final decision

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issued by the Commissioner of Social Security (“Defendant”). (Doc. No. 1.) On April 2,

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2013, Plaintiff filed a motion for summary judgment, (Doc. No. 11), and on May 14,

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2013, Defendant filed a cross-motion for summary judgment, (Doc. Nos. 15, 16).

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Plaintiff did not file an opposition to Defendant’s cross-motion for summary judgment or

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a reply to Defendant’s opposition.

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12cv2673 AJB (DHB)

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On December 5, 2013, United States Magistrate Judge David H. Bartick issued a

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Report and Recommendation (“R&R”), recommending that the Court grant Plaintiff’s

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motion for summary judgment, deny Defendant’s cross-motion for summary judgment,

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and remand for further administrative proceedings. (Doc. No. 18 at 29:2-5.) The R&R

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also instructed the parties that any written objections to the R&R must be filed no later

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than January 6, 2013, and that failure to file timely objections could waive any right to

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raise those contentions on appeal. (Id. at 29:9-16.) See Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991). As of the date of this order, neither party has filed an objection to the

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R&R or requested additional time to file objections.

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A district judge’s duties concerning a report and recommendation and objections

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thereto are set forth in Federal Rule of Civil Procedure 72(b) and 28 U .S.C. § 636(b)(1).

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Pursuant to Section 636(b)(1)(C), a district judge must “make a de novo determination of

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those portions of the report or specified proposed findings or recommendations to which

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objection is made” and “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” See also United States v. Remsing, 874

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F.2d 614, 617 (9th Cir. 1989). However, under Rule 72(b), in the absence of timely

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objection(s), the Court “need only satisfy itself that there is no clear error on the face of

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the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b), Advisory

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Committee Notes (1983); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003).

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Here, despite being represented by counsel, neither Plaintiff nor Defendant filed

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timely objections to the R&R. Therefore, having reviewed the R&R the Court finds the

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report thorough, well-reasoned, and contains no clear error. See Fed. R. Civ. P. 72(b);

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Reyna-Tapia, 328 F.3d at 1121. Accordingly, the Court ADOPTS the R&R in its

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entirety, (Doc. No. 18), GRANTS Plaintiff’s motion for summary judgment, (Doc. No.

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11), DENIES Defendant’s cross-motion for summary judgment, (Doc. No. 15), and

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REMANDS the case to the Social Security Administration for further administrative

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12cv2673 AJB (DHB)

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proceedings consistent with the R&R, (Doc. No. 18 at 28:7-21). The Clerk of Court is

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instructed to remand and close the case.

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IT IS SO ORDERED.

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DATED: January 7, 2014

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Hon. Anthony J. Battaglia
U.S. District Judge

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12cv2673 AJB (DHB)