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05-494 - Hardt v. Barnhardt


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05-494 - Hardt v. Barnhardt
September 17, 2007
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REPORT AND RECOMMENDATIONS: For the foregoing reasons, the Magistrate Judge recommends that the District Court:(1) grant Plaintiff's Motion for Summary Judgment (Doc. No.12 );(2) deny Defendants Cross-Motion for Summary Judgment (Doc. No.15 ); and(3) remand this matter for an award of benefits.Pursuant to 28 U.S.C. 636(b), any party may serve and file written objections within ten days after being served with a copy of this Report and Recommendation. If objectionsare filed, the parties should use the following case number: CV 05-167-TUC-CKJ. A party may respond to another party's objections within ten days after being served with a copy thereof. See Fed.R.Civ.P. 72(b).If objections are not timely filed, then the parties' right to de novo review by the District Court may be deemed waived. See United States v. Reyna-Tapia, 328 F.3d 1114,1121 (9th Cir.) (en banc), cert. denied, 540 U.S. 900 (2003). Signed by Judge Hector C Estrada on 9/17/2007. (REC, ) Modified on 9/17/2007 To Correct Spacing. (REC, ).
February 7, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS in part 18. Denying 15 Motion for Summary Judgment filed by Jo Anne Barnhardt, Granting 12 Motion for Summary Judgment filed by Marilyn Hardt. This matter is remanded for an award of benefits. The Clerk of the Court shall enter judgment in this case and shall then close its file. Signed by Judge Cindy K Jorgenson on 02/06/08. (LMF, )