Tuttle v. Colvin, No. 2:2016cv11144 - Document 33 (E.D. Mich. 2017)

Court Description: OPINION AND ORDER Adopting 32 Report and Recommendation Denying 28 Motion for Summary Judgment filed by Carolyn W. Colvin, Granting 24 Motion for Summary Judgment filed by Birgit E. Tuttle in that it seeks a Remand, and Remanding for Further Proceedings under Sentence Four of 42 U.S.C. 405(g). Signed by District Judge Paul D. Borman. (DTof)
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Tuttle v. Colvin Doc. 33 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BIRGIT E. TUTTLE, Plaintiff, Case No. 16-cv-11144 v. Paul D. Borman United States District Judge COMMISSIONER OF SOCIAL SECURITY, R. Steven Whalen United States Magistrate Judge Defendant. _______________________/ ORDER (1) ADOPTING THE MAGISTRATE JUDGE’S JUNE 9, 2017 REPORT AND RECOMMENDATION (ECF NO. 32), (2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT TO THE EXTENT IT SEEKS A REMAND (ECF NO. 24), (3) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 28), AND (4) REMANDING FOR FURTHER PROCEEDINGS UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) On June 9, 2017, Magistrate Judge R. Steven Whalen issued a Report and Recommendation to GRANT Plaintiff’s Motion for Summary Judgment to the extent it seeks a remand, DENY Defendant’s Motion for Summary Judgment, and REMAND this matter for further administrative proceedings. Having reviewed the Report and Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and Recommendation (ECF No. 32), GRANTS Plaintiff’s Motion for Summary Judgment to the extent it seeks a remand (ECF No. 24), 1 Dockets.Justia.com DENIES Defendant’s Motion for Summary Judgment (ECF No. 28), and REMANDS the matter for further proceedings under Sentence Four of 42 U.S.C. § 405(g), consistent with Magistrate Judge Whalen’s analysis in his June 9, 2017 Report and Recommendation. IT IS SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: July 7, 2017 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on July 7, 2017. s/Deborah Tofil Case Manager 2