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)

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:

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