Richards v. Saul

Filing 15

ORDER granting ECF No. 14 Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment for Plaintiff. Signed by Magistrate Judge Carla Baldwin on 2/17/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00598-CLB Document 14 Filed 02/16/21 Page 1 of 3
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02/17/21

1 NICHOLAS A. TRUTANICH
United States Attorney
2 District of Nevada
3 ALLISON J. CHEUNG, CSBN 244651
Special Assistant United States Attorney
4 160 Spear Street, Suite 800
San Francisco, California 94105
5 Telephone: [phone]
Facsimile: [phone]
6 E-Mail: [e-mail]
7 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTINE RICHARDS,

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Plaintiff,

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v.

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ANDREW SAUL,
Commissioner of Social Security,

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Defendant.

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Case No.: 3:20-cv-00598-CLB
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR
PLAINTIFF

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

20 attorneys, and with the approval of the Court, that this action be remanded for further administrative
21 action pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four.
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In the process of preparing the certified administrative record in this case, Defendant has

23 learned that nine of the record exhibits containing medical records do not belong to the Plaintiff in this
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On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for

26 removal of the aforementioned exhibits and a de novo hearing and new decision.

Case 3:20-cv-00598-CLB Document 14 Filed 02/16/21 Page 2 of 3
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02/17/21

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The parties further request that the Clerk of the Court be directed to enter a final judgment in

2 favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.
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4 Dated: February 16, 2021

Respectfully submitted,

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ROHLFING & KALAGIAN, LLP

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/s/ Marc V. Kalagian
MARC V. KALAGIAN
(*as authorized via email on February 16, 2021)
Attorney for Plaintiff

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Dated: February 16, 2021

Respectfully submitted,
NICHOLAS A. TRUTANICH
United States Attorney
/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED:

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HON. CARLA BALDWIN
UNITED STATES MAGISTRATE JUDGE

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February 17, 2021
DATED: ___________________________

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Case 3:20-cv-00598-CLB Document 14 Filed 02/16/21 Page 3 of 3
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02/17/21

CERTIFICATE OF SERVICE

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I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My

3 business address is 160 Spear Street, Suite 800, San Francisco, California 94105. I am not a party to
4 the above-entitled action. On the date set forth below, I caused service of STIPULATION TO
VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO
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ENTRY OF JUDGMENT FOR PLAINTIFF on the following parties by electronically filing the
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foregoing with the Clerk of the District Court using its ECF System, which provides electronic notice
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of the filing:
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Marc Kalagian
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[e-mail],
Attorney for Plaintiff
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Leonard Stone
[e-mail]
Attorney for Plaintiff

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I declare under penalty of perjury that the foregoing is true and correct.

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Dated: February 16, 2021

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/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant United States Attorney

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