Opinion
Case No. 20-cv-21289-COOKE/GOODMAN
05-19-2021
ALFRED POLLACK, Plaintiff v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THIS MATTER is before me upon the Report and Recommendation ("R&R") of the Honorable Jonathan Goodman, U.S. Magistrate Judge, ECF No. 22. The R&R concerns the parties' motions for summary judgement, ECF Nos. 17; 18, Defendant's unopposed motion to withdraw their motion for summary judgement, ECF No. 20, and Defendant's unopposed motion to remand, ECF No. 21.
In his R&R, Judge Goodman recommends that I allow the withdrawal of Defendant's summary judgement motion, substitute the summary judgement motion with Defendant's motion to remand, grant Defendant's motion to remand, and enter a judgement of remand of the cause to the Commissioner of Social Security for further proceedings. ECF No. 22 at 2. The parties have not filed objections to the R&R, and the time to do so has passed.
I have reviewed parties' motions, the briefing and accompanying exhibits, Judge Goodman's R&R, the record, and the relevant legal authorities. Having done so, I find Judge Goodman's R&R to be clear, cogent, and compelling.
Accordingly, Judge Goodman's R&R, ECF No. 22, is AFFIRMED and ADOPTED as the Order of this Court. It is hereby ORDERED and ADJUDGED that:
1. The Court will GRANT Defendant's motion to withdraw, WITHDRAW Defendant's motion for summary judgement and SUBSTITUTE Defendant's
motion for summary judgement with the motion to remand.
2. The Court will GRANT the motion to remand and REMAND this action to the Commissioner of Social Security for further proceedings.
In addition, the Court will DENY without prejudice Plaintiff's motion for summary judgement, ECF No. 17. The Clerk shall ADMINISTRATIVELY CLOSE this case.
DONE and ORDERED in chambers, at Miami, Florida, this 19th day of May 2021.
/s/_________
MARCIA G. COOKE
United States District Judge Copies furnished to:
Jonathan Goodman, U.S. Magistrate Judge
Counsel of record