Juliao v. Saul

Filing 23

ORDER ADOPTING REPORT & RECOMMENDATION for 14 Motion for Judgment on the Pleadings filed by Jannette Juliao, 22 Report and Recommendations, 19 Motion for Judgment on the Pleadings filed by Andrew Saul. Accordingly, it is hereby: ORDERED that the Report and Recommendation, dated July 7, 2022, is ADOPTED in its entirety. ORDERED that Plaintiff's Motion for Judgment on the Pleadings is denied. ORDERED that Defendant's Motion for Judgment on the Pleadings is granted. ORDERED that judgment be entered in favor of the Acting Commissioner. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 14, 19), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/2/2022) (va) Transmission to Orders and Judgments Clerk for processing.

Case 7:21-cv-05225-KMK-PED Document 23 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JANNETTE JULIAO,
Plaintiff,
v.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY, 1

No. 21-CV-5225 (KMK)
ORDER ADOPTING REPORT &
RECOMMENDATION

Defendant.
KENNETH M. KARAS, District Judge:
Jannette Juliao (“Plaintiff”) brings this Action pursuant to 42 U.S.C. § 405(g),
seeking judicial review of the final decision of the now-former Commissioner of Social
Security, who has since been replaced by the Acting Commissioner of Social Security (the
“Acting Commissioner” or “Defendant”), which denied her application for disability
insurance benefits and/or supplemental security income benefits. (Dkt. No. 1.) Plaintiff and
Defendant cross-move for judgment on the pleadings pursuant to Rule 12(c) of the Federal
Rules of Civil Procedure. (Dkt. Nos. 14, 19.)
The case was referred to the Honorable Paul E. Davison (“Judge Davison”). On
July 7, 2022, Judge Davison issued a Report and Recommendation (“R&R”) recommending
that the Court grant Defendant’s Motion and deny Plaintiff’s Motion. (Dkt. No. 22.) The

1

Kilolo Kijakazi became the Acting Commissioner on July 9, 2021. She is substituted
for the former Commissioner, Andrew Saul, Pursuant to Fed. R. Civ. P. 25(d).

Case 7:21-cv-05225-KMK-PED Document 23 Filed 08/02/22 Page 2 of 2

Parties did not file any objections to the R&R. (See generally Dkt.) 2
“When no objections are filed, the Court reviews an R&R on a dispositive motion
for clear error.” Disla v. Comm’r of Soc. Sec., No. 20-CV-6663, 2022 WL 1063067, at *1
(S.D.N.Y. Mar. 30, 2022); see also Brito v. Comm’r of Soc. Sec., No. 19-CV-10631, 2022
WL 1002698, at *1 (S.D.N.Y. Mar. 30, 2022) (same); Bickram v. Comm’r of Soc. Sec., No.
18-CV-1160, 2021 WL 2665876, at *1 (S.D.N.Y. June 29, 2021) (same). The Court has
reviewed the R&R and finding no substantive error, clear or otherwise, adopts the R&R.
Accordingly, it is hereby:
ORDERED that the Report and Recommendation, dated July 7, 2022, is ADOPTED
in its entirety.
ORDERED that Plaintiff’s Motion for Judgment on the Pleadings is denied.
ORDERED that Defendant’s Motion for Judgment on the Pleadings is granted.
ORDERED that judgment be entered in favor of the Acting Commissioner.
The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt.
Nos. 14, 19), and close this case.

SO ORDERED.
DATED:

August 2, 2022
White Plains, New York

____________________________________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE

2

Judge Davison provided notice that, pursuant to 28 U.S.C. § 636(b)(l) and Rule 72(b) of
the Federal Rules of Civil Procedure, objections to the R&R were due within fourteen days after
being served with a copy. (R&R 30.)
2