Bortolamedi v. Berryhill

Filing 26

ORDER. IT IS ORDERED that 25 the magistrate judge's report and recommendation is ADOPTED in full. IS FURTHER ORDERED that 13 the motion for judgment on the pleadings is GRANTED in part and DENIED in PART, consistent with 25 the rep ort and recommendation, and 18 the Commissioner's cross-motion to affirm is DENIED. This case is REMANDED for further proceedings regarding Drs. Hodde, Austin, and Madow's opinions and the vocational expert's testimony. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 9/17/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Jacquelynn Bortolamedi,
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Case No. 2:17-cv-01473-JAD-BNW

Plaintiff
v.

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Carolyn W. Colvin, Acting Commissioner of
6 Social Security Administration,

Order Adopting Report and
Recommendation and Remanding
for Further Proceedings
[ECF Nos. 13, 18, 25]

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Defendant

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Plaintiff Jacquelynn Bortolamedi brings this action to challenge the Social Security

10 Commissioner’s denial of her request for disability-insurance benefits under Titles II and XVI of
11 the Social Security Act. The magistrate judge has evaluated the briefing in this case and
12 recommends 1 that I grant in part and deny in part Bortolamedi’s motion for judgment on the
13 pleadings 2; remand this case for further proceedings regarding Drs. Hodde, Austin, and Madow’s
14 opinions and the vocational expert’s testimony; and deny the Commissioner’s cross-motion to
15 affirm. 3 The deadline for objections to that recommendation passed without objection or any
16 request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report
17 and recommendation unless objections are filed.” 4
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IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation

19 [ECF No. 25] is ADOPTED in full;
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ECF No. 25.

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ECF No. 13.

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ECF No. 18.

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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IT IS FURTHER ORDERED that the motion for judgment on the pleadings

2 [ECF No. 13] is GRANTED in part and DENIED in PART, consistent with the report and
3 recommendation [ECF No. 25], and the Commissioner’s cross-motion to affirm [ECF No. 18] is
4 DENIED. This case is REMANDED for further proceedings regarding Drs. Hodde, Austin,
5 and Madow’s opinions and the vocational expert’s testimony.
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The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS

7 CASE.
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Dated: September 17, 2019

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_________________________________
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U.S. District Judge Jennifer A. Dorsey
Judge Jennifer A. D
udg
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