Anderson v. Health and Human Services Secretary

Filing 26

ORDER AFFIRMING the Magistrate Judge's 20 ORDER denying 15 Motion for an Order Governing Motions and Discovery. Pltf's Motion for an Order Reversing the Secretary's Decision shall be filed on or before 2/16/2010. This matter is returned to Magistrate Judge Conroy for further proceedings. Signed by Judge J. Garvan Murtha on 12/18/2009. (wjf)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT SANDRA ANDERSON, Plaintiff v. KATHLEEN SEBELIUS, Secretary of Health and Human Services, Defendant : : : : : : : : ORDER On May 29, 2009, Plaintiff's Motion for an Order Governing Motions and Discovery (Doc. 15) was referred to the Magistrate Judge for consideration. (Order, Doc. 16.) Judge Conroy received briefing from the parties and held a hearing on July 7, 2009. On July 10, 2009, the Magistrate Judge issued a well-reasoned and thorough Order denying Plaintiff's motion. (Doc. 20.) Plaintiff filed an objection to the Order (Doc. 21), as well as a supporting Reply Memorandum (Doc. 25) to Defendant's Response (Doc. 24). Upon review, the Magistrate Judge's Order is AFFIRMED. If the wrong standard was applied to deny Plaintiff coverage, the error can be reversed as a matter of law on the present record. Plaintiff's Motion for an Order Reversing the Secretary's Decision shall be filed on or before February 16, 2010. See Order granting Unopposed Motion for Extension of Time to File Motion for Order Reversing the Secretary's Decision. (Doc. 14.) This matter is returned to Magistrate Judge Conroy for further proceedings.

File No. 1:09-cv-16

SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 18th day of December, 2009.

/s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge

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