Davis v. Berryhill

Davis v. Berryhill

Plaintiff:	Dana N Davis
Defendant:	Nancy A. Berryhill
Case Number:	1:2017cv07052
Filed:	September 15, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Andrew J. Peck
Presiding Judge:	Analisa Torres
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 18, 2019	Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Motion for Judgment on the Pleadings filed by Dana N Davis, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 18 Motion for Judgment on the Pleadings filed by Dana N Davis, 25 Report and Recommendations. After careful consideration, on March 1, 2019, Judge Wang issued a Report and Recommendation ("R&R"), proposing that Plaintiff's motion for a remand be granted and Defendant's motion for judgmen t on the pleadings be denied. (As further set forth in this Order.) The Court, therefore, ADOPTS Judge Wang's R&R in its entirety. Accordingly, this case is remanded to the Social Security Administration for further proceedings pursuant to 42 U.S.C. § 405(g). The Clerk of Court is directed to terminate the motions at ECF Nos. 17, 18, and 21, and close the case. (Signed by Judge Analisa Torres on 3/18/2019) (cf) Transmission to Orders and Judgments Clerk for processing.
March 1, 2019	Filing 25 REPORT & RECOMMENDATION re: 17 MOTION for Judgment on the Pleadings filed by Dana N Davis, 21 MOTION for Judgment on the Pleadings filed by Nancy A. Berryhill. For the foregoing reasons, I respectfully recommend that the Commissioner's motion for judgment on the pleadings be DENIED, and that Plaintiff's motion for judgment on the pleadings be GRANTED to the extent that the case be REMANDED to the Commissioner for further proceedings consistent with this Report and Recommendation. In accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have fourteen (14) days (including weekends and holidays) from receipt of this Report to file written objections. See also F ed. R. Civ. P. 6 (allowing three (3) additional days for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be addressed to the Honorable An alisa Torres, United States District Judge. Any requests for an extension of time for filing objections must be directed to Judge Torres. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983). (Objections to R&R due by 3/15/2019.) (Signed by Magistrate Judge Ona T. Wang on 3/1/2019) (rro)

Date Filed

Document Text

March 18, 2019

Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Motion for Judgment on the Pleadings filed by Dana N Davis, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 18 Motion for Judgment on the Pleadings filed by Dana N Davis, 25 Report and Recommendations. After careful consideration, on March 1, 2019, Judge Wang issued a Report and Recommendation ("R&R"), proposing that Plaintiff's motion for a remand be granted and Defendant's motion for judgmen t on the pleadings be denied. (As further set forth in this Order.) The Court, therefore, ADOPTS Judge Wang's R&R in its entirety. Accordingly, this case is remanded to the Social Security Administration for further proceedings pursuant to 42 U.S.C. § 405(g). The Clerk of Court is directed to terminate the motions at ECF Nos. 17, 18, and 21, and close the case. (Signed by Judge Analisa Torres on 3/18/2019) (cf) Transmission to Orders and Judgments Clerk for processing.

March 1, 2019

Filing 25 REPORT & RECOMMENDATION re: 17 MOTION for Judgment on the Pleadings filed by Dana N Davis, 21 MOTION for Judgment on the Pleadings filed by Nancy A. Berryhill. For the foregoing reasons, I respectfully recommend that the Commissioner's motion for judgment on the pleadings be DENIED, and that Plaintiff's motion for judgment on the pleadings be GRANTED to the extent that the case be REMANDED to the Commissioner for further proceedings consistent with this Report and Recommendation. In accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have fourteen (14) days (including weekends and holidays) from receipt of this Report to file written objections. See also F ed. R. Civ. P. 6 (allowing three (3) additional days for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be addressed to the Honorable An alisa Torres, United States District Judge. Any requests for an extension of time for filing objections must be directed to Judge Torres. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983). (Objections to R&R due by 3/15/2019.) (Signed by Magistrate Judge Ona T. Wang on 3/1/2019) (rro)

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Plaintiff: Dana N Davis
Represented By:	Andrew James Barovick
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Defendant: Nancy A. Berryhill
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