Kushner v. Social Security, Commissioner of

Filing 27

ORDER Accepting and Adopting 26 Report and Recommendation, Denying Defendant's 25 Motion for Summary Judgment, Staying Plaintiff's 21 Motion for Summary Judgment, and Remanding the Case for Further Proceedings. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JORDAN KUSHNER,
Plaintiff,

Case No. 17-cv-10072

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendant.
/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#26], DENYING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT [#25], STAYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [#21], AND REMANDING THE CASE FOR
FURTHER PROCEEDINGS
This matter is before the Court on Plaintiff’s and Defendant’s cross-motions
for summary judgment. Dkt. No. 21; Dkt. No. 25. The Court referred this matter
to Magistrate Judge R. Steven Whalen, who issued a Report and Recommendation
on December 17, 2018, denying Defendant’s Motion, staying Plaintiff’s Motion,
and remanding the case for further proceedings. Dkt. No. 26. Neither party has
filed an objection to the Magistrate Judge’s Report and Recommendation, and the
time for doing so has expired. See 28 U.S.C. § 636(b)(1)(C) (“Within fourteen
days after being served with a copy, any party may serve and file written
objections to such proposed findings and recommendations as provided by the
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rules of the court.”). Upon review of the parties’ briefs and the Magistrate Judge’s
Report and Recommendation, the Court concludes that the Magistrate reached the
correct conclusion.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge
Whalen’s December 17, 2018 Report and Recommendation [#26] as this Court’s
findings of fact and conclusions of law.

Defendant’s Motion for Summary

Judgment [#25] is hereby DENIED, Plaintiff’s Motion for Summary Judgment
[#21] is STAYED, and the case will be remanded for further proceedings under the
sixth sentence of 42 U.S.C. §405(g).
IT IS SO ORDERED.

Dated:

January 9, 2019
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, January 9, 2019, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager

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