Diaz v. Saul
- Lewis Liman
- 1:19-cv-06394
- U.S. District Court · Southern District of New York
- 2
In Diaz v. Saul, Judge Liman adopted the recommendation, remanded the Social Security matter, and denied Saul’s motion.
Alejandra Diaz and the Commissioner of Social Security; the matter was sent back for further proceedings.
What happened
In Diaz v. Saul, a magistrate judge recommended granting Alejandra Diaz’s request for judgment on the pleadings and sending the matter back for further proceedings. The recommendation also advised denying the Commissioner’s opposing motion.
Neither party objected within the allowed 14-day period. The district court therefore reviewed the recommendation for clear error and found none.
Judge Liman adopted the recommendation in full, granted Diaz’s motion for judgment on the pleadings, remanded the matter for further proceedings, and denied the Commissioner’s cross-motion. The Clerk of Court was directed to close the case.
The detailed version
- Diaz v. Saul · No. 1:19-cv-06394
- Lewis Liman
- Jan. 25, 2021
Background
Alejandra Diaz brought this Social Security case against Andrew Saul, the Commissioner of Social Security. Magistrate Judge Debra C. Freeman issued a Report and Recommendation recommending that the Court grant Diaz’s motion for judgment on the pleadings to the extent that the matter be remanded for further proceedings, and deny the Commissioner’s cross-motion for judgment on the pleadings.
A motion for judgment on the pleadings asks the court to decide a case based on the parties’ written submissions. The magistrate judge gave the parties 14 days to file objections. Neither party objected.
Review of the Recommendation
Because there were no objections, the district court reviewed the Report and Recommendation for clear error, meaning an obvious mistake in the recommendation or the record. The court reviewed the record and found no clear error.
Ruling
The court adopted the Report and Recommendation in its entirety. Judge Liman granted Diaz’s motion for judgment on the pleadings and remanded the matter for further proceedings consistent with the Report and Recommendation. The court denied the Commissioner’s cross-motion for judgment on the pleadings. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.