Bogroff v. Colvin

Filing 21

ORDER Granting 20 Stipulation to Reopen. Carolyn W. Colvin answer due within 30 days. Signed by Magistrate Judge Nancy J. Koppe on 11/4/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:13-cv-00267-JCM-NJK Document 20 Filed 11/03/15 Page 1 of 3

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DANIEL G. BOGDEN
Nevada State Bar No. 2137
United States Attorney
District of Nevada
SHARON LAHEY
California State Bar No. 256628
Assistant Regional Counsel
United States Social Security Administration
160 Spear Street, Suite 800
San Francisco, California 94105-1545
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAS VEGAS DIVISION

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TAMMY R. BOGROFF,

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Plaintiff,

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v.

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

) Case No. 2:13-cv-00267-JCM-NJK
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) STIPULATION TO REOPEN
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and

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with the approval of the Court, that the above-captioned action be reopened. On February 5,

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2014, the Court remanded the above-captioned action for further administrative proceedings and

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retained jurisdiction under sentence six of 42 U.S.C. § 405(g). The parties stipulated to remand

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because the administrative law judge relied on evidence that did not pertain to Tammy R.

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Bogroff (“Plaintiff”) in rendering his decision. The proceedings on remand have culminated into

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the administrative law judge’s unfavorable decision dated June 12, 2015. This decision

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became the final decision of Carolyn W. Colvin (“Defendant”) on August 11, 2015.

STIPULATION TO REOPEN

CASE NO. 2:13-cv-00267-JCM-NJK

Case 2:13-cv-00267-JCM-NJK Document 20 Filed 11/03/15 Page 2 of 3

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Now that the administrative proceedings have concluded, reopening is necessary. In a
sentence-six remand case, the Court retains jurisdiction following the remand. See Melkonyan v.
Sullivan, 501 U.S. 89, 98; 111 S. Ct. 2157; 115 L. Ed. 78 (1991) (District Court retains
jurisdiction over Social Security cases remanded under 42 U.S.C. § 405(g), sentence six, and
where the final administrative decision is favorable to one party or the other, the Commissioner
is to return to Court following completion of the administrative proceedings on remand so that
the Court may enter a final judgment or, as in this case, a dismissal); see also Shalala v. Schaefer,
509 U.S. 292, 298–300 (1993).
It is therefore appropriate to reopen the above-captioned action. Upon reopening,
Defendant will file her answer and certified administrative record within 30 days of the Court’s
order reopening the above-captioned matter.
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Date: November 3, 2015
ROHLFING & KALAGIAN, LLP
/s/ Marc V. Kalagian
MARC. V. KALAGIAN

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Date: November 3, 2015

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DANIEL G. BOGDEN
United States Attorney
/s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
November 4, 2015
Dated:_____________

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HON. NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REOPEN

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CASE NO. 2:13-cv-00267-JCM-NJK