1 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 NOAH SCHABACKER, Maryland Bar 4 Special Assistant United States Attorney 5 Office of the General Counsel Social Security Administration 6 6401 Security Boulevard 7 Baltimore, MD 21235 Telephone: (303) 844-6232 8 Email: [email protected]

9 Attorneys for Defendant

10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13

14 ANGELO ESTRADA, ) CIVIL NO. 2:24-cv-00185-JDP ) 15 Plaintiff, ) STIPULATION TO VOLUNTARY 16 v. ) REMAND PURSUANT TO SENTENCE ) FOUR OF

(g) AND TO 17 MARTIN O’MALLEY, ) ENTRY OF JUDGMENT; [PROPOSED] Commissioner of Social Security,1 ) FINDINGS AND RECOMMENDATIONS 18 Defendant. ) ) ) 19 ) 20 21 IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Martin 22 O’Malley, Commissioner of Social Security (“Defendant”), through their undersigned counsel 23 of record, that the above-entitled action shall be remanded to the Commissioner of Social 24 Security for further administrative proceedings. 25 26 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. 27 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to 28 continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

(g). 1 On remand, the Commissioner will develop the record as necessary; reconsider all 2 relevant issues; offer the claimant the opportunity for a new hearing; and issue a new decision. 3 The parties further request that the Court direct the Clerk of the Court to enter a final judgment 4 in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 5 This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the 6 Social Security Act, 42 U.S.C. 405(g). 7

8 Dated: June 5, 2024 /s/ Kevin Heitke* KEVIN HEITKE 9 Attorney for Plaintiff 10 *Authorized via e-mail on June 5, 2024

11 PHILLIP A. TALBERT United States Attorney 12 MATHEW W. PILE 13 Associate General Counsel Office of Program Litigation, Office 7 14 Social Security Administration

15 By: /s/ Noah Schabacker 16 NOAH SCHABACKER Special Assistant United States Attorney 17 Attorneys for Defendant 18

19 [PROPOSED] FINDINGS AND RECOMMENDATIONS 20 Accordingly, IS HEREBY ORDERED that the Clerk of Court assign a district judge to 21 this matter. 22 Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 23

(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, 24 IT IS HEREBY RECOMMENDED that the above-captioned action is remanded to the 25 26 Commissioner of Social Security for further proceedings pursuant to the fourth sentence of 27 Section 205(g) of the Social Security Act, 42 U.S.C. 405(g). 28 1 These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to

(b)(1) and Rule 304 of the Local Rules of 3 || Practice for the United States District Court, Eastern District of California. Within fourteen days 4 || of service of these findings and recommendations, any party may file written objections with the 5 || court and serve a copy on all parties. Such document should be captioned “Objections to 6 || Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 7 || within fourteen days of service of the objections. The parties are advised that failure to file 8 || objections within the specified time may waive the right to appeal the District Court’s order. 9 || Turner v. Duncan,

(9th Cir. 1998); Martinez v. YIst,

(9th 10 || Cir. 1991). IT IS SO ORDERED. 12 . 13 || Dated: _ June 14, 2024 Jessa (aioe 14 JEREMY D,. PETERSON Is UNITED STATES MAGISTRATE JUDGE

16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION TO REMAND