Bertuzzi v. Social Security

Filing 20

OPINION and ORDER Adopting the Magistrate Judge's 19 Report and Recommendation, Granting Plaintiff's 14 Motion for Summary Judgment, Denying the Social Security Commissioner's 17 Motion for Summary Judgment, and Remanding for Further Proceedings - Signed by District Judge Judith E. Levy. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Lita Marie Bertuzzi,
Plaintiff,
v.

Case No. 15-cv-11623
Judith E. Levy
United States District Judge

Commissioner of Social Security,
Mag. Judge Anthony P. Patti
Defendant.
________________________________/
OPINION AND ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION [19], GRANTING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [14],
DENYING THE SOCIAL SECURITY COMMISSIONER’S
MOTION FOR SUMMARY JUDGMENT [17], AND REMANDING
FOR FURTHER PROCEEDINGS
This is a Social Security appeal. Before the Court is Magistrate
Judge Patti’s Report and Recommendation (Dkt. 19) recommending the
Court grant plaintiff’s motion for summary judgment (Dkt. 14) and
deny defendant’s motion for summary judgment. (Dkt. 17.) The parties
were required to file specific written objections, if any, within fourteen
days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. LR 72.1(d). No

objections were filed. Accordingly, and on review of the Report and
Recommendation,
The Report and Recommendation (Dkt. 19) is adopted in full.
Plaintiff’s motion for summary judgment (Dkt. 14) is GRANTED.
Defendant’s motion for summary judgment (Dkt. 17) is DENIED. The
case is remanded to the Administrative Law Judge for further
proceedings consistent with the Report and Recommendation.1
IT IS SO ORDERED.
Dated: September 7, 2016
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on September 7, 2016.
s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

The parties, by failing to object to the Report and Recommendation, have waived
any further right of appeal. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.
1981).

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