Burnham v. Colvin
ORDER that the stay in the matter is lifted and Responses due by 6/19/2017; Replies due by 6/26/2017; and Motion will be submitted without oral argument on 6/29/2017 before Hon. Michael A. Telesca. Signed by Hon. Michael A. Telesca on 6/6/17. No court appearances are required. (JMC)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
AMANDA ANN BURNHAM,
No. 1:14-CV-00235 (MAT)
DECISION AND ORDER
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,
brings this action pursuant to Titles II and XVI of the Social
Security Act (“the Act”), seeking review of the final decision of
the Commissioner of Social Security (“the Commissioner”) denying
his applications for disability insurance benefits (“DIB”) and
supplemental security income (“SSI”). The Court has jurisdiction
over this matter pursuant to 42 U.S.C. § 405(g). The matter was
initially before the Court on the parties’ cross motions for
judgment on the pleadings.1 The parties’ motions were referred to
Magistrate Judge Michael J. Roemer for consideration of the factual
and legal issues presented, and to prepare and file a Report and
Recommendation (“R&R”) containing a recommended disposition of the
This case was originally assigned to Judge Richard Arcara, who referred
it to Magistrate Judge Roemer for a Report and Recommendation, which was
completed and filed on August 11, 2016. The case was referred to this Court by
order dated June 1, 2017.
requested that the case be stayed pending the Second Circuit’s
(W.D.N.Y. 2016). On August 15, 2016, the Court (Arcara, J.) issued
On June 2, 2017, the Second Circuit issued its decision in
Jackson v. Berryhill, __ F. App’x __, 2017 WL 2399459 (2d Cir. June
2, 2017). Accordingly, the stay in the instant matter is lifted.2
Plaintiff is directed to file any objections to the R&R by June 19,
2017. The Commissioner shall file any response by June 26, 2017.
The matter will be considered submitted for decision on June 29,
S/Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
June 6, 2017
Rochester, New York.
The Court notes that the stay provided that it would automatically lift
as of the date the Second Circuit entered the decision in Jackson. See doc. 16.
Additionally, in her application for a stay, plaintiff stated that she would file
objections to the R&R within 13 days of the stay being lifted. See doc. 15-1. For
the convenience of the parties and the Court, however, the Court issues the
scheduling order herein with regard to objections to the R&R.
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