Owens v. Berryhill

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting in part and denying in part 21 Motion for Summary Judgment filed by Carolyn W. Colvin and granting in part and denying in part 16 Motion for Summary Judgment filed by Marquita Nashae Owens (Written Opinion). Signed by Chief Judge John R. Tunheim on July 11, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MARQUITA NASHAE OWENS, Civil No. 16-614 (JRT/KMM) Plaintiff, v. NANCY A. BERRYHILL, ORDER ON REPORT AND RECOMMENDATION Defendant. Paul A. Livgard, LIVGARD & LLOYD, PLLP, 2520 University Avenue SE, Suite 202, Minneapolis, MN 55414, Sonja R. Ortiz, 3121 West 69th Street, Edina, MN 55435, for plaintiff. Bahram Samie, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant. A Report and Recommendation was filed by Magistrate Judge Katherine Menendez on June 23, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. Plaintiff’s Motion for Summary Judgment [Docket No. 16] is GRANTED IN PART and DENIED IN PART. 2. Defendant’s Motion for Summary Judgment [Docket No. 21] is GRANTED IN PART and DENIED IN PART. 3. This case is REMANDED to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g), consistent with the Report and Recommendation. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 11, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court 2

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