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)

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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)

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