Lilly v. Astrue

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION (CASE CLOSED) -- adopting 28 Report and Recommendation; granting in part 17 Motion for Summary Judgment; denying 23 Motion for Summary Judgment; the matter is remanded for further analysis. Signed by Judge Leonard P. Stark on 3/1/12. (ntl)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUSAN D. LILLY,
Plaintiff,
Civil Action No. 10-30-LPS-MPT

v.
MICHAEL J. ASTRUE,
Defendant.

ORDER

At Wilmington this

1 ~ T day of March, 2012.

WHEREAS, Magistrate Judge Thynge issued a Report and Recommendation (D.I.
28) dated January 30, 2012;
WHEREAS, the Report and Recommendation recommends that (1) Defendant's
motion for summary judgment (D.I. 23) be DENIED; (2) Plaintiffs motion for summary
judgment (D.I. 17) be GRANTED in part; (3) the matter be remanded for further analysis; and
(4) Plaintiffs request for an award ofbenefits (D.I. 18) be DENIED.
WHEREAS, any Objections to the Report and Recommendation (D.I. 28) were to
be filed by Februay 16, 2012;
WHEREAS, neither party has filed an Objection to the Report and
Recommendation;
WHEREAS, the Court concludes that the Report and Recommendation should be

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adopted for the reasons stated by Magistrate Judge Thynge;
NOW THEREFORE, IT IS HEREBY ORDERED that the Report and
Recommendation (D.I. 28) is ADOPTED; and Defendant's motion for summary judgment (D.I.

23) is DENIED; (2) Plaintiffs motion for summary judgment (D.I. 17) is GRANTED in part;

(3) the matter is remanded for further analysis; and (4) Plaintiffs request for an award ofbenefits
(D.I. 18) is DENIED.

UNITED STATES DISTRICT JUDGE

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