Geschke v. Colvin

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Referring Matter Back to The Magistrate Judge re 18 Report and Recommendations, by Judge Marsha J. Pechman. (MD, mailed copy of order to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CAROL GESCHKE,
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Plaintiff,
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v.
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SOCIAL SECURITY ADMINISTRATION,
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Case No. C13-1069 MJP-BAT
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REFERRING MATTER BACK TO
THE MAGISTRATE JUDGE

Defendant.

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The Court, after careful consideration of the plaintiff’s complaint, the Commissioner’s
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motion to dismiss, the Report and Recommendation of the Honorable Brian A. Tsuchida, United
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States Magistrate Judge, the balance of the record, and noting no objections were filed, does
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hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation.

(2)

The Commissioner’s motion to dismiss is GRANTED in part and DENIED in

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part. As explained in the Report and Recommendation, all claims and
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allegations contained in the following paragraphs of the complaint are
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DISMISSED or STRIKEN: 1.10-1.58, 1.61-1.93, 1.96-1.116, 1.118-1.130,
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1.132-1.135, 1.137-1.138, 1.141-1.159, 1.162-1.163, 2.3, 2.6-2.8, 2.10, 2.17, 3.122
3.10, 4.1-4.7, 5.1-5.5, 6.9-6.10, 7.1-7.48, and 8.1-8.7.
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ORDER ADOPTING REPORT AND RECOMMENDATION AND
REFERRING MATTER BACK TO THE MAGISTRATE JUDGE 1

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(3)

The only claims and allegations that survive the Commissioner’s motion to

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dismiss are those contained in the following paragraphs of the complaint: 1.1-

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1.9, 1.59-1.60, 1.94-1.95, 1.131, 1.136, 1.139-1.140, 1.160-1.161, 2.1-2.2, 2.4-

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2.5, 2.9, 2.11-2.16, 2.18-2.21, and 6.1-6.8.

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(4)

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The Commissioner shall file a responsive pleading by the deadline set forth in
the Federal Rules of Civil Procedure.

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(5)

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The matter is referred back to the Judge Tsuchida for resolution of the plaintiff’s
remaining claims.

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(6)

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The Clerk is directed to send copies of this Order to the parties and to Judge
Tsuchida.

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DATED this 17th day of December, 2013.

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A

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Marsha J. Pechman
Chief United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION AND
REFERRING MATTER BACK TO THE MAGISTRATE JUDGE 2