Rua-Campusano v. Social Security ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAFAEL RUA-CAMPUSANO, Plaintiff, CIVIL ACTION NO.: 20 Civ. 7087 (GBD) (SLC) -v- ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. SARAH L. CAVE, United States Magistrate Judge. On November 10, 2021, the Court issued a Report and Recommendation (the “R&R”) recommending that Plaintiff Rafael Rua-Campusano’s motion for judgment on the pleadings (ECF No. 14) be granted and the Commissioner of Social Security’s motion for judgment on the pleadings (ECF No. 20) be denied. (ECF No. 23). On December 8, 2021, the Commissioner filed objections (the “Objections”) to the R&R raising a serious question about the Court’s analysis of Mr. Rua-Campusano’s medical records. (ECF No. 26). Therefore, the Court construes the Objections as a motion for reconsideration, which is GRANTED, and the R&R is WITHDRAWN and VACATED. See Bryant v. Comm’r of Soc. Sec., No. 14 Civ. 5764 (LTS) (JCF), 2015 WL 6758094, at *1 (S.D.N.Y. Nov. 5, 2015). The Court will issue a revised Report and Recommendation (the “Revised R&R”) in due course. No further objections need be submitted until the Revised R&R is filed. Dated: New York, New York December 9, 2021 SO ORDERED. SARAH L. CA United States Magistrate Judge