Goetz v. Commissioner of Social Security, 2:16-CV-00337-SMJ. (2018)
Court: District Court, D. Washington
Number: infdco20180502l23
Visitors: 30
Filed: May 01, 2018
Latest Update: May 01, 2018
Summary: ORDER CORRECTING JUDGMENT SALVADOR MENDOZA, JR. , District Judge . Before the Court, without oral argument, is the Commissioner's Motion for Relief under Federal Rule of Civil Procedure 60(a). ECF No. 27. Defendant asks the Court to correct the judgment in this matter to be consistent with Magistrate Judge Dimke's Report and Recommendation. The Court adopted Magistrate Judge Dimke's Report and Recommendation in its entirety. However, the Court remanded this matter to the Commissioner for im
Summary: ORDER CORRECTING JUDGMENT SALVADOR MENDOZA, JR. , District Judge . Before the Court, without oral argument, is the Commissioner's Motion for Relief under Federal Rule of Civil Procedure 60(a). ECF No. 27. Defendant asks the Court to correct the judgment in this matter to be consistent with Magistrate Judge Dimke's Report and Recommendation. The Court adopted Magistrate Judge Dimke's Report and Recommendation in its entirety. However, the Court remanded this matter to the Commissioner for imm..
More
ORDER CORRECTING JUDGMENT
SALVADOR MENDOZA, JR., District Judge.
Before the Court, without oral argument, is the Commissioner's Motion for Relief under Federal Rule of Civil Procedure 60(a). ECF No. 27. Defendant asks the Court to correct the judgment in this matter to be consistent with Magistrate Judge Dimke's Report and Recommendation. The Court adopted Magistrate Judge Dimke's Report and Recommendation in its entirety. However, the Court remanded this matter to the Commissioner for immediate calculation and award of benefits, rather than remanding for further proceedings as Magistrate Judge Dimke recommended. This was error.
Accordingly, IT IS HEREBY ORDERED:
1. Defendant's Motion for Relief under Federal Rule of Civil Procedure 60(a), ECF No. 27, is GRANTED.
2. The Report and Recommendation, ECF No. 19, is ADOPTED in its entirety.
3. Plaintiff's Motion for Summary Judgment, ECF No. 16, is GRANTED.
4. The Commissioner's Motion for Summary Judgment, ECF No. 18, is DENIED.
5. This matter is REMANDED to the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with this order.
6. The Clerk's office shall enter an AMENDED JUDGMENT in favor of Plaintiff consistent with this order.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel.
Source: Leagle
