Opinion
No. 4:16-CV-05059-FVS
08-30-2017
ROBERT TODD APPLEGATE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the Report and Recommendation issued by Magistrate Judge Mary K. Dimke on August 14, 2017, ECF No. 20, recommending Plaintiff's Motion for Summary Judgment, ECF No. 13, be granted and Defendant's Motion for Summary Judgment, ECF No. 16, be denied. No objection was filed. After review, the Court hereby adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. The Report and Recommendation, ECF No. 20, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 13, is GRANTED.
3. Defendant's Motion for Summary Judgment, ECF No. 16, is DENIED.
4. An application for attorney fees may be filed by separate motion.
The District Court Executive is directed to file this Order and forward copies to counsel. Judgment shall be entered for Plaintiff and the file shall be CLOSED.
DATED August 30, 2017.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge