Stevenson v. Kijakazi

Filing 10

ORDER Granting Joint Motion Stipulating to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) (ECF No. 9 ). Signed by Judge Janis L. Sammartino on 02/06/2024. (Certified copy sent to Social Security Administration via US Mail Service.)(All non-registered users served via U.S. Mail Service)(mjw)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

JENNY S.,1

Case No.: 23-CV-2224-JLS (MSB)
Plaintiff,

12
13

v.

14

MARTIN O’MALLEY, Commissioner of
Social Security,2

15

ORDER GRANTING JOINT
MOTION STIPULATING TO
VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)

Defendant.

16

(ECF No. 9)

17
18

Presently before the Court is the Parties’ Joint Motion Stipulating to Voluntary

19

Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (“Joint Mot.,” ECF No. 9). The

20

Parties indicate that remand will allow Defendant Commissioner of Social Security to

21

“further develop the record as necessary and issue a new decision.” Joint Mot. at 2. The

22

Parties also “request that the Clerk of the Court be directed to enter a final judgment in

23
24
25
26
27
28

Pursuant to Civil Local Rule 7.1(e)(6)(b), “[o]pinions by the Court in [Social Security cases arising under
42 U.S.C. § 405(g)] will refer to any non-government parties by using only their first name and last
initial.”
2
The Parties indicate that Defendant Kilolo Kijakazi, the former Acting Commissioner of Social Security,
was replaced by Martin O’Malley on December 20, 2023. Joint Mot. at 1 n.1. The Parties therefore request
that the Court order that Martin O’Malley be substituted for Kilolo Kijakazi as the defendant in this suit
pursuant to Federal Rule of Civil Procedure 25(d). Id. As Rule 25(d) provides that a public “officer’s
successor is automatically substituted as a party,” the Court GRANTS the Parties’ request.
1

1
23-CV-2224-JLS (MSB)

1

favor of Plaintiff, and against Defendant, reversing the final decision of the

2

Commissioner.” Id.

3

After considering the Parties’ arguments and the applicable law and good cause

4

appearing, the Court GRANTS the Parties’ Joint Motion and REMANDS this action to

5

the Social Security Administration for further proceedings consistent with the terms set

6

forth in the Parties’ Joint Motion. Judgment is entered in favor of Plaintiff and against

7

Defendant, reversing the final decision of the Commissioner. The Court DIRECTS the

8

Clerk of the Court to close the case.

9

IT IS SO ORDERED.

10

Dated: February 6, 2024

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
23-CV-2224-JLS (MSB)