1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 SANDRA G.1, Case No. CV 23-8518-WDK (ADS)

12 Plaintiff ORDER ACCEPTING REPORT 13 v. AND RECOMMENDATION OF UNITED STATES MAGISTRATE 14 LELAND DUDEK2, Acting JUDGE Commissioner of Social Security, 15 Defendant. 16 17 Pursuant to

, the Court has reviewed Plaintiff’s Motion for 18 Summary Judgment on Remand (Dkt. No. 10), Defendant’s Brief (Dkt. No. 12), 19 Plaintiff’s Reply Brief (Dkt. No. 13), and the Report and Recommendation of 20 United State Magistrate Judge (“Report”; Dkt. No. 16). No objections were filed, 21 and the time to do so has passed. 22 Although the Court accepts the Magistrate Judge’s findings and 23

24 1 Plaintiff’s name has been partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the recommendation of the Committee on Court 25 Administration and Case Management of the Judicial Conference of the United 26 States. 2 Leland Dudek was appointed Acting Commissioner of the Social Security 27 Administration on February 19, 2025. Under Federal Rule of Civil Procedure 25(d), he is automatically substituted as Defendant in this suit. See Cervantez v. Dudek, 28 No. 1:23-CV-00185-SKO,

, at *3 n.1 (E.D. Cal. Feb. 26, 2025). 1 || recommendation that the Administrative Law Judge (“ALJ”) did not err in 2 || discounting Plaintiff's subjective mental-health testimony (see Report at part □□□□□ 3 || Dkt. 16 at 8-12), nothing in that determination shall preclude the ALJ from soliciting 4 || and evaluating additional testimony, if needed, in the open-record remand (Report at 5 || part IV.E; Dkt. 16 at 19-20), and in furtherance of re-evaluating Plaintiffs residual 6 || functional capacity as recommended in the Report (Report at part IV.D; Dkt. 16 at 7 || 12-19). With that understanding of the open-record remand, the Court accepts the 8 || findings and recommendations of the Magistrate Judge. 9 Accordingly, IT IS HEREBY ORDERED: 10 1. The Report (Dkt. No. 16) 1s ACCEPTED: 11 2. The Commissioner’s denial of benefits is REVERSED, and the matter 12 is REMANDED for further proceedings: 13 3. The case is DISMISSED with prejudice: and 14 4. Judgment is to be entered accordingly. 15 IT IS SO ORDERED. 16 « 17 || Dated: March 27, 2025 Aitcer ae a 18 Mita Giatee TMetrigt hy trict Tudge 19 20 21 22 23 24 25 26 27 28