Ostrowski v. Barnhart

Full title: HELEN OSTROWSKI, as GUARDIAN for "DR," a MINOR, Plaintiff, v. JO ANNE B…

Court: United States District Court, S.D. California

Date published: Sep 16, 2005

Case No. 04cv0999 DMS (RBB) (S.D. Cal. Sep. 16, 2005)

Opinion

Case No. 04cv0999 DMS (RBB).

September 16, 2005

ORDER: (1) ADOPTING REPORT AND RECOMMENDATION; (2) GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; (3) DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT; AND (4) REMANDING CASE FOR FURTHER PROCEEDINGS [Docs. Nos. 11 14]

DANA M. SABRAW, District Judge

On August 8, 2005, United States Magistrate Judge Ruben B. Brooks issued a Report and Recommendation ("RR") that Plaintiff's motion for summary judgment be granted-in-part and denied-in-part. The RR also concluded that Defendant's cross-motion for summary judgment should be denied. Neither party has filed any objections to the RR. Having reviewed the RR and the relevant record, the Court concludes the RR correctly applies the law to the record, and thus it is adopted as the decision of this Court. Accordingly, IT IS HEREBY ORDERED:

1. The RR filed on August 8, 2005, is adopted as the decision of the Court;

2. Plaintiff's motion for summary judgment is granted-in-part and denied-in-part;

3. Defendant's cross-motion for summary judgment is denied.

This case is remanded to the Administrative Law Judge for further proceedings consistent with this opinion. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.