Opinion
Case No. 6:04-cv-406-Orl-28DAB.
September 2, 2008
ORDER
This case is before the Court on the Motion to Reopen the Case (Doc. No. 11) filed July 23, 2008, and the Motion to Affirm Commissioner's Decision (Doc. No. 12) filed July 23, 2008. The United States Magistrate Judge has submitted a report recommending that the motions be denied without prejudice.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed August 7, 2008 (Doc. No. 13) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion to Reopen the Case and the Motion to Affirm Commissioner's Decision are DENIED without prejudice to renewal, upon the filing by the Commissioner of Social Security of a statement verifying that Defendant has exhausted all methods of contacting Plaintiff, including contacting Plaintiff's attorney at the administrative level, searching its own payment of benefit records, contacting any representative payee that may have been appointed for Plaintiff, and contacting the Inventory Attorney appointed by this Court to handle the cases originally filed by Mr. Gautier. If counsel is able to locate Plaintiff or her attorney, the motions should be promptly renewed, presumably upon a joint basis. If counsel is unable to locate Plaintiff or her attorney, the verification will provide ample assurance that due process was reasonably afforded, and the motions may be renewed upon that basis.
DONE and ORDERED in Chambers, Orlando, Florida.