Lugo v. Commissioner of Social Security

Filing 26

OPINION AND ORDER: Court is INCLINED TO GRANT the relief sought by the Commissioner re 25 Consent Motion to Alter Judgment Under Rule 60(b), if the case is remanded by the United States Court of Appeals for the Seventh Circuit for the purposes of modifying the judgment. Signed by Judge Rudy Lozano on 12/2/2014. (tc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
STEVEN LUGO,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case. No. 2:13-cv-00203-RL-PRC

OPINION AND ORDER
This matter is before the Court on the Commissioner’s Unopposed Motion for Relief
from Judgment Under Rule 60(b). The record reflects that this matter is currently pending before
the United States Court of Appeals for the Seventh Circuit. Accordingly, this Court cannot
immediately grant the relief requested. Rather, as the Commissioner recognizes, Seventh Circuit
Rule 57 applies:
A party who during the pendency of an appeal has filed a motion under
Fed. R. Civ. P. 60(a) or 60(b) . . . should request the district court to
indicate whether it is inclined to grant the motion. If the district court so
indicates, this court will remand the case for the purpose of modifying the
judgment . . . .
In accordance with Seventh Circuit Rule 57, the Commissioner has requested that this
Court indicate whether it is inclined to grant his motion pursuant to Rule 60(b) of the Federal
Rules of Civil Procedure. The basis for such action stems from the fact that the Commissioner
now agrees with Mr. Lugo that remand for further administrative proceedings is warranted
pursuant to 42 U.S.C. § 405(g), thereby justifying relief from the Court’s July 24, 2014,
Judgment in accordance with Fed. R. Civ. P. 60(b)(6). See Brown v. United States, 976 F.2d

1104, 1110-11 (7th Cir. 1992) (“[i]n such circumstances we have directed district courts to
review such motions promptly, and either deny them or, if the court is inclined to grant relief, to
so indicate so that we may order a speedy remand.”).
Having thus reviewed the record, the Court agrees that further administrative proceedings
are warranted, and the Court is inclined to grant the relief sought by the Commissioner if the
case is remanded by the United States Court of Appeals for the Seventh Circuit for purposes of
modifying the judgment.
Entered this 2nd day of December, 2014.

s/ Rudy Lozano
Rudy Lozano
United States District Judge

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