Gutierrez v. Astrue

Filing 20

ORDER granting 19 Unopposed Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e). By Judge Robert E. Blackburn on 10/8/2014.(alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-00053-REB ALVIN R. GUTIERREZ, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER Blackburn, J. The matter is before the court on Defendant’s Unopposed Motion To Alter or Amend Judgment Pursuant to FED. R. CIV. P. 59(e) [#19],1 filed October 7, 2014. As noted in the title of the motion, plaintiff does not oppose the relief requested by the motion. To assist the parties in resolving this matter efficiently and otherwise to eschew further confusion in the resolution of this matter, the court finds and concludes that the motion should be granted.. THEREFORE, IT IS ORDERED as follows: 1. That Defendant’s Unopposed Motion To Alter or Amend Judgment Pursuant To FED. R. CIV. P. 59(e) [#19] filed October 7, 2014, is GRANTED; 1 “[#19]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 2. That the court’s Order Reversing Disability Decision, Directing Award of Benefits, and Remanding for Determination of Date of Onset Only [#17], filed September 9, 2014, is AMENDED and the following language is SUBSTITUTED for paragraphs 3 and 4 of that Order: “3. That the Commissioner is DIRECTED to find that plaintiff is disabled under the Social Security Act; 4. That this case is REMANDED to the Commissioner for the limited purpose of determining the date of onset of Plaintiff’s disability;” and 3. That in all other respects, the extant order shall remain unchanged and in full force and effect. Dated October 8, 2014, at Denver, Colorado. BY THE COURT: 2

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