Cintron v. Commissioner of Social Security Administration et al
Plaintiff: Lourdes Cintron
Defendant: Commissioner of Social Security Administration, John Doe #1, Jane Doe #1, John Doe #2 and Jane Doe #2
Case Number: 1:2009cv09039
Filed: October 28, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Denny Chin
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None

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Date Filed Document Text
January 18, 2013 Opinion or Order Filing 20 MEMORANDUM DECISION AND ORDER adopting 15 Report and Recommendations; denying 9 Motion to Dismiss filed by Commissioner of Social Security Administration. In his report, Magistrate Judge Fox advised the parties that failure to file timely objecti ons to the Report would constitute a waiver of those objections. The Commissioner objected to the Report only to the extent that the Magistrate Judge wrote that certain representations made by the Commissioner "are not in consonance with the ob ligations imposed on him by Rule 11(b) of the Federal Rules of Civil Procedure." No objections were filed as to any of the Magistrate Judge's other determinationsand recommendations. As there is no clear error with respect to the portions o f the Report thatno party objected to, those portions of the Report are adopted. It is unnecessary to adopt the objected to portion of the Report regarding the Commissioner's Rule 11(b) obligations. That issue is irrelevant to the determination of the merits of this dispute. Defendant's motion to dismiss is DENIED. A writ of mandamus shall issue, directing the Commissioner to conduct a hearing to address the issue of Plaintiff's disability benefits cessation determination, made on August 24, 2004, as well as other pertinent issues resulting therefrom. The Clerk of the Court is directed to close this case. (Signed by Judge George B. Daniels on 1/18/2013) (mro)
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Plaintiff: Lourdes Cintron
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Defendant: Commissioner of Social Security Administration
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Defendant: John Doe #1
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Defendant: Jane Doe #1
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Defendant: John Doe #2
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Defendant: Jane Doe #2
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