McIntosh v. Berryhill

McIntosh v. Berryhill

Plaintiff:	Kempton McIntosh
Defendant:	Nancy A Berryhill
Case Number:	1:2017cv05403
Filed:	July 17, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Debra C. Freeman
Presiding Judge:	Edgardo Ramos
Nature of Suit:	Retirement and Survivors Benefits
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
September 12, 2018	Filing 15 OPINION AND ORDER adopting 14 Report and Recommendations re: 12 Motion for Judgment on the Pleadings filed by Nancy A Berryhill; 10 Motion for Summary Judgment filed by Kempton McIntosh: The Court has carefully reviewed Judge Freeman's tho rough and well-reasoned Report and finds no error, clear or otherwise. Accordingly, the Court adopts the Report in its entirety. The Plaintiff's Rule 56(a) motion is GRANTED, and Commissioner's Rule 12(c) cross-motion is DENIED. Commissione r's failure to file written objections precludes appellate review of this decision. See PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104(DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d34, 38 (2d Cir. 1997)). The Clerk of Court is respectfully directed to terminate the motions, Docs. 10 and 12, and to close the case. (Signed by Judge Edgardo Ramos on 9/12/2018) (jwh) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

September 12, 2018

Filing 15 OPINION AND ORDER adopting 14 Report and Recommendations re: 12 Motion for Judgment on the Pleadings filed by Nancy A Berryhill; 10 Motion for Summary Judgment filed by Kempton McIntosh: The Court has carefully reviewed Judge Freeman's tho rough and well-reasoned Report and finds no error, clear or otherwise. Accordingly, the Court adopts the Report in its entirety. The Plaintiff's Rule 56(a) motion is GRANTED, and Commissioner's Rule 12(c) cross-motion is DENIED. Commissione r's failure to file written objections precludes appellate review of this decision. See PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104(DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d34, 38 (2d Cir. 1997)). The Clerk of Court is respectfully directed to terminate the motions, Docs. 10 and 12, and to close the case. (Signed by Judge Edgardo Ramos on 9/12/2018) (jwh) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Kempton McIntosh
Represented By:	Joseph Albert Romano
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Defendant: Nancy A Berryhill
Represented By:	Andreea Laura Lechleitner
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