Klein v. Commissioner of Social Security

Filing 26

ORDER. IT IS ORDERED that 25 Plaintiff Karin H. Klein's motion to reopen case is GRANTED. IT IS FURTHER ORDERED that 21 the court's order granting the motion to remand is VACATED. IT IS FURTHER ORDERED that 22 the clerk's ju dgment is VACATED. IT IS FURTHER ORDERED that in light of 20 the Commissioner's notice of withdrawal of her cross-motion to affirm, 17 the court's report and recommendation is WITHDRAWN. IT IS FURTHER ORDERED that 21 the Commis sioners motion to remand is REINSTATED. The Commissioner must reply to Plaintiffs opposition to 23 the motion to remand by 12/5/17. Signed by Magistrate Judge Carl W. Hoffman on 11/28/2017. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KARIN H. KLEIN,

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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security
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Administration,
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Defendant.
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____________________________________)

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Case No. 2:16-cv-02673-RFB-CWH
ORDER

Presently before the court is Plaintiff Karin H. Klein’s motion to reopen case (ECF No. 25),

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filed on November 21, 2017. Plaintiff requests that the court reopen the case because she did not

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have the opportunity to respond to the Commissioner of Social Security’s (“Commissioner”)

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motion to remand (ECF No. 18) before it was granted. Having read and considered Plaintiff’s

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arguments, and good cause appearing, the court will grant the motion.

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IT IS THEREFORE ORDERED that Plaintiff Karin H. Klein’s motion to reopen case (ECF
No. 25) is GRANTED.

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IT IS FURTHER ORDERED that the court’s order (ECF No. 21) granting the motion to
remand is VACATED.

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IT IS FURTHER ORDERED that the clerk’s judgment (ECF No. 22) is VACATED.

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IT IS FURTHER ORDERED that in light of the Commissioner’s notice of withdrawal of

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her cross-motion to affirm (ECF No. 20), the court’s report and recommendation (ECF No. 17) is

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WITHDRAWN.

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IT IS FURTHER ORDERED that the Commissioner’s motion to remand (ECF No. 21) is

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REINSTATED. The Commissioner must reply to Plaintiff’s opposition to the motion to remand

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(ECF No. 23) by December 5, 2017.

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DATED: November 28, 2017

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______________________________________

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C.W. Hoffman, Jr.
United States Magistrate Judge

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