Bridges v. Berryhill

Filing 56

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED AS FOLLOWS: 1. The report and recommendation issued by United States Magistrate Judge Joseph F. Saporito, Jr. (Doc. 45) is ADOPTED IN PART AND REJECTED IN PART. 2. Defenda nts objections to the report and recommendation (Doc. 50) are OVERRULED IN PART AND SUSTAINED IN PART. 3. Plaintiffs objections to the report and recommendation (Doc. 52) are OVERRULED. 4. Defendants motion to dismiss and/or for summary judgment (Do c. 13) is DENIED IN PART AND GRANTED IN PART. The motion is denied with respect to Plaintiffs race discrimination claim (Count I), but granted in all other respects. 5. Plaintiffs motion for partial summary judgment (Doc. 32) is DENIED AS MOOT. 6. This case is recommitted to Judge Saporito for further proceedings consistent with this order and the accompanying memorandum. Signed by Honorable Jennifer P. Wilson on 5/26/2020 (ve)

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Case 1:17-cv-02285-JPW-JFS Document 56 Filed 05/26/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHARLES BRIDGES, Plaintiff, v. ANDREW M. SAUL, 1 Commissioner of Social Security, Defendant. : Civil No. 1:17-CV-02285 : : : : : Judge Jennifer P. Wilson : : : : Magistrate Judge Joseph F. Saporito, Jr. ORDER AND NOW, on this 26th day of May, 2020, for the reasons set forth in the accompanying memorandum, IT IS ORDERED AS FOLLOWS: 1. The report and recommendation issued by United States Magistrate Judge Joseph F. Saporito, Jr. (Doc. 45) is ADOPTED IN PART AND REJECTED IN PART. 2. Defendant’s objections to the report and recommendation (Doc. 50) are OVERRULED IN PART AND SUSTAINED IN PART. 3. Plaintiff’s objections to the report and recommendation (Doc. 52) are OVERRULED. 4. Defendant’s motion to dismiss and/or for summary judgment (Doc. 13) is DENIED IN PART AND GRANTED IN PART. The motion is denied 1 Andrew M. Saul was sworn in as Commissioner of Social Security on June 17, 2019, and is automatically substituted as the defendant in this action. See Fed. R. Civ. P. 25(d). 1 Case 1:17-cv-02285-JPW-JFS Document 56 Filed 05/26/20 Page 2 of 2 with respect to Plaintiff’s race discrimination claim (Count I), but granted in all other respects. 5. Plaintiff’s motion for partial summary judgment (Doc. 32) is DENIED AS MOOT. 6. This case is recommitted to Judge Saporito for further proceedings consistent with this order and the accompanying memorandum. s/Jennifer P. Wilson JENNIFER P. WILSON United States District Court Judge Middle District of Pennsylvania 2

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