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07-1868 - BECKETT v. LEAVITT


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07-1868 - BECKETT v. LEAVITT
April 14, 2008
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REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE ARNOLD C. RAPOPORT THAT PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT BE GRANTED IN PART; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BE DENIED; AND THE MATTER BE REMANDED FOR FURTHER PROCEEDINGS. OBJECTIONS TO R&R DUE BY 5/2/2008. SIGNED BY MAGISTRATE JUDGE ARNOLD C. RAPOPORT ON 4/14/08. 4/14/08 ENTERED AND COPIES MAILED AND E-MAILED. (ky, )
May 9, 2008
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLFF'S CROSS-MOTION FOR SUMMARY JUDGMENT IS GRANTED TO THE EXTENT THAT PLFF'S SEEKS A REMAND TO THE SECRETARY OF HEALTH&HUMAN SERVICES, AND IS DENIED IN ALL OTHER RESPECTS. THE CASE IS REMANDED TO THE SECRETARY OF HEALTH&HUMAN SERVICES FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT&RECOMMENDATION OF U.S. MAGISTRATE JUDGE ARNOLD C. RAPOPORT DATED 4/14/08 AND DEFT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. ( SIGNED BY HONORABLE JAN E. DUBOIS ON 5/9/08. ) 5/12/08 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(gn, )