Opinion
Case No. C13-1069 MJP-BAT
12-17-2013
CAROL GESCHKE, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REFERRING MATTER BACK TO
THE MAGISTRATE JUDGE
The Court, after careful consideration of the plaintiff's complaint, the Commissioner's motion to dismiss, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, the balance of the record, and noting no objections were filed, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) The Commissioner's motion to dismiss is GRANTED in part and DENIED in part. As explained in the Report and Recommendation, all claims and allegations contained in the following paragraphs of the complaint are DISMISSED or STRIKEN: 1.10-1.58, 1.61-1.93, 1.96-1.116, 1.118-1.130, 1.132-1.135, 1.137-1.138, 1.141-1.159, 1.162-1.163, 2.3, 2.6-2.8, 2.10, 2.17, 3.1-3.10, 4.1-4.7, 5.1-5.5, 6.9-6.10, 7.1-7.48, and 8.1-8.7.
(3) The only claims and allegations that survive the Commissioner's motion to dismiss are those contained in the following paragraphs of the complaint: 1.1-1.9, 1.59-1.60, 1.94-1.95, 1.131, 1.136, 1.139-1.140, 1.160-1.161, 2.1-2.2, 2.4-2.5, 2.9, 2.11-2.16, 2.18-2.21, and 6.1-6.8.
(4) The Commissioner shall file a responsive pleading by the deadline set forth in the Federal Rules of Civil Procedure.
(5) The matter is referred back to the Judge Tsuchida for resolution of the plaintiff's remaining claims.
(6) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.
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Marsha J. Pechman
Chief United States District Judge