Opinion
CASE NO. C09-5574JRC.
August 13, 2010
ORDER GRANTING IN PART MOTION TO VACATE
This matter comes before the Court on a Defendant's motion to vacate judgment entered on June 14, 2010 (Dkt# 15). This Court having reviewed the motion, the case file and having heard argument, hereby GRANTS in part Defendant's Motion by instructing that the District Court Clerk enter an Amended Judgment in a Civil Case consistent with the Amended Judgment in a Civil Case attached hereto as Exhibit A.
AMENDED JUDGMENT IN A CIVIL CASE
Jury Verdict. X Decision by Court.
___ This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. This action came to consideration before the Court. The issues have been considered and a decision has been rendered. THE COURT HAS ORDERED.That this case is REMANDED to the Commissioner for a new hearing pursuant to Sentence Six, 42 U.S.C. § 405(g).
On remand, the Appeals Council will expedite handling of the case and return it to the Office of Disability Adjudication and Review within thirty days of the date of this order for assignment to an administrative law judge for a de novo hearing.
The administrative law judge will expedite the scheduling of the hearing and, absent unforeseen circumstances, will hold the hearing within six months of the date of this order.
The Court shall maintain jurisdiction over this case. If Defendant does not comply with the Court's order for expedited handling of the case on remand or if the outcome of the de novo hearing is unfavorable to Plaintiff, Plaintiff may seek judicial review by reinstating this case.