O'Connell v. Commissioner of Soc. Sec.

Full title: LEE O'CONNELL, Plaintiff, v. COMMISSIONER OF SOC. SEC., Defendant.

Court: United States District Court, S.D. New York

Date published: Jun 3, 2021

18-cv-10546-AEK (S.D.N.Y. Jun. 3, 2021)

Opinion

18-cv-10546-AEK

06-03-2021

LEE O'CONNELL, Plaintiff, v. COMMISSIONER OF SOC. SEC., Defendant.

ANDREW E. KRAUSE, UNITED STATES MAGISTRATE JUDGE

ORDER

ANDREW E. KRAUSE, UNITED STATES MAGISTRATE JUDGE

WHEREAS, Defendant offered a stipulation and order of remand under Carr v. Saul, 141 S.Ct. 1352 (2021) in error;

WHEREAS, Plaintiff indicated, in a filing dated June 2, 2021 (Docket Entry No. 30), that Plaintiff has "elected not to request a remand on the issue of the Appointments Clause";

WHEREAS, Defendant then filed the executed remand stipulation and order of remand in error (Docket Entry No. 31);

WHEREAS, Defendant seeks leave of the Court to withdraw the executed stipulation and order of remand; WHEREAS, Plaintiff consents to the withdrawal of the executed stipulation and order of remand;

IT IS HEREBY ORDERED, that the executed remand stipulation (Docket Entry No. 31) be stricken from the record, because it does not properly reflect the parties' positions in this case.

The Clerk of the Court is respectfully directed to strike Docket Entry No. 31 from the docket.