Sewell et al v. Social Security, Commissioner of

Filing 14

ORDER Adopting 13 Report and Recommendation, Denying 11 Motion for Summary Judgment filed by HMC, Jenny Delores Sewell,Granting 12 Motion for Summary Judgment filed by Commissioner of Social Security. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JENNY DELORES SEWELL and HMC,
Plaintiffs,

Case Number 10-12520
Honorable David M. Lawson

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, GRANTING
PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, AND REMANDING CASE
TO COMMISSIONER FOR FURTHER CONSIDERATION
Presently before the Court is the report issued on July 20, 2011 by Magistrate Judge Michael
Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court deny the defendant’s
motion for summary judgment, grant the plaintiff’s motion for summary judgment, reverse the
findings of the Commissioner, and remand the case. Although the Magistrate Judge’s report
explicitly stated that the parties to this action may object to and seek review of the recommendation
within fourteen days of service of the report, no objections have been filed thus far. The parties’
failure to file objections to the Report and Recommendation waives any further right to appeal.
Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the
failure to object to the Magistrate Judge’s report releases the Court from its duty to independently
review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the
findings and conclusions of the Magistrate Judge.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt.
# 13] is ADOPTED.

It is further ORDERED that the defendant’s motion for summary judgment [dkt. #12] is
DENIED.
It is further ORDERED that the plaintiffs’ motion for summary judgment [[dkt. #11] is
GRANTED.
It is further ORDERED that the findings of the Commissioner are REVERSED and the case
is REMANDED to the Commissioner for further consideration.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 12, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 12, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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