Ash et al v. Colvin

Filing 59

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 3/20/2018. 58 Parties' stipulation for order of dismissal and remand APPROVED. Claims of plaintiffs Ash, Hanson, Kranig, Leonard, Adams, Williams, Rodriguez-Carmona, Mazurkiewicz, Yager an d Marotti-Roxbury DISMISSED with prejudice. Decisions of commissioner denying benefits to plaintiffs Gonzalez and Thompson REVERSED and REMANDED to commissioner under sentence four of 42 U.S.C. §405(g). 9 Plaintiffs' motion to certify class DENIED as moot. 38 Defendant's motion to dismiss amended complaint DENIED as moot. 56 Plaintiff's motion for extension of time DENIED as moot. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MARGARET ASH, et al.,
Plaintiffs,
v.

Case No. 15-cv-149-pp

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

ORDER APPROVING STIPULATION FOR ORDER OF DISMISSAL (DKT. NO.
58), REMANDING CERTAIN PLAINTIFFS’ CLAIMS, DENYING AS MOOT
PLAINTIFFS’ MOTION TO CERTIFY CLASS (DKT. NO. 9), DENYING AS
MOOT DEFENDANT’S MOTION TO DISMISS AMENDED COMPLAINT (DKT.
NO. 38), DENYING AS MOOT PLAINTIFFS’ MOTION FOR AN EXTENSION
OF TIME (DKT. NO. 56), AND DISMISSING CASE

On March 16, 2018, the parties filed a stipulation for entry of final
judgment and remand. Dkt. No. 58. In the stipulation, the parties informed the
court that plaintiffs Margaret Ash, Randy Hanson, Sheela Kranig, Beth
Leonard, Jeffrey Adams, James Williams, Rosly Rodriguez-Carmona, Michael
Mazurkiewicz, Chelsey Yager and Diane Marotti-Roxbury had agreed to dismiss
their claims, with prejudice. Id. at 1.
The parties also informed the court that as to plaintiffs Angeles Gonzalez
and Nicholas Thompson, the parties had agreed to a reversal of the agency’s
decisions and remand to the agency for further administrative proceedings
under sentence four of 42 U.S.C. §405(g). Id. at 2.
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The court APPROVES the parties’ stipulation for order of dismissal and
remand. Dkt. No. 58.
The court ORDERS that the claims of plaintiffs Margaret Ash, Randy
Hanson, Sheela Kranig, Beth Leonard, Jeffrey Adams, James Williams, Rosly
Rodriguez-Carmona, Michael Mazurkiewicz, Chelsey Yager, and Diane MarottiRoxbury are DISMISSED WITH PREJUDICE.
The court ORDERS that the decisions of the commissioner as to
plaintiffs Angeles Gonzalez and Nicholas Thomspon are REVERSED under
sentence four of 42 U.S.C. §405(g). The court REMANDS these claims to the
acting commissioner for further administrative proceedings. On remand, the
Appeals Council will send Gonzalez’s and Thompson’s respective disability
claims identified in the amended complaint (dkt. no. 35, at ¶¶29, 31) to an
administrative law judge for a new administrative hearing and decision. At
their respective administrative hearings, the assigned administrative law judges
will afford Gonzalez and Thompson the opportunity to testify and submit
additional evidence and arguments, and a vocational expert will testify. Each
vocational expert will be advised, in advance of the remand hearings, to have
available at the hearing any vocational resource materials that he or she is
likely to rely upon, and to be prepared to provide an explanation for answers to
hypothetical questions at the hearing.
The court DENIES AS MOOT the plaintiffs’ motion to certify class. Dkt.
No. 9.

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The court DENIES AS MOOT the defendant’s motion to dismiss the
amended complaint. Dkt. No. 38.
The court DENIES AS MOOT the plaintiffs’ motion for an extension of
time. Dkt. No. 56.
The court ORDERS that this case is DISMISSED. The court will enter
judgment accordingly.
Dated in Milwaukee, Wisconsin this 20th day of March, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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