Rodewald v. Astrue et al

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATION; GRANTING AS TO REMAND 8 Motion for Summary Judgment; DENYING 12 Motion for Summary Judgment; REMANDING the case to the Commissioner for further proceedings. (Written Opinion). Signed by Judge Richard H. Kyle on 04/16/09. (rhks)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kevin W. Rodewald, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security, Defendant. This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. No objections to the Report and Recommendation were filed.1 Accordingly, IT IS ORDERED: 1. The Report and Recommendation (Doc. No. 15) is ADOPTED; 2. Plaintiff's Motion for Summary Judgment (Doc. No. 8) is GRANTED AS TO REMAND; 3. Defendant's Motion for Summary Judgment (Doc. No. 12) is DENIED; and 4. The case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. Dated: April 16, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Civil No. 08-5911 (RHK/SRN) ORDER

1. The Court notes, but neither accepts nor approves of, Defendant's gratuitous and self-serving statement that the "defense in this case appears clearly reasonable and well founded in law and fact."