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OSTROWSKI v. BARNHART

United States District Court, S.D. California


September 16, 2005.

HELEN OSTROWSKI, as GUARDIAN for "DR," a MINOR, Plaintiff,
v.
JO ANNE B. BARNHART, Commissioner of Social Security, Defendant.

The opinion of the court was delivered by: DANA M. SABRAW, District Judge

ORDER: (1) ADOPTING REPORT AND RECOMMENDATION; (2) GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; (3) DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT; AND (4) REMANDING CASE FOR FURTHER PROCEEDINGS
[Docs. Nos. 11 & 14]
On August 8, 2005, United States Magistrate Judge Ruben B. Brooks issued a Report and Recommendation ("R&R") that Plaintiff's motion for summary judgment be granted-in-part and denied-in-part. The R&R also concluded that Defendant's cross-motion for summary judgment should be denied. Neither party has filed any objections to the R&R. Having reviewed the R&R and the relevant record, the Court concludes the R&R correctly applies the law to the record, and thus it is adopted as the decision of this Court. Accordingly, IT IS HEREBY ORDERED:

1. The R&R filed on August 8, 2005, is adopted as the decision of the Court;

  2. Plaintiff's motion for summary judgment is granted-in-part and denied-in-part; 3. Defendant's cross-motion for summary judgment is denied.

  This case is remanded to the Administrative Law Judge for further proceedings consistent with this opinion. The Clerk shall enter judgment accordingly.

  IT IS SO ORDERED.

20050916

© 1992-2005 VersusLaw Inc.



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