United States District Court, S.D. California
September 16, 2005.
HELEN OSTROWSKI, as GUARDIAN for "DR," a MINOR, Plaintiff,
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.
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