Opinion
Civil No. 09-3167 (MJD/SRN).
December 2, 2010
ORDER
This matter is before the Court on the Report and Recommendation of Magistrate Judge Susan Richard Nelson dated November 16, 2010. Both sides have filed responses that agree with the Report and Recommendation.
Based on the foregoing, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment [Doc. No. 11] is GRANTED IN PART (insofar as it seeks remand) and DENIED IN PART (insofar as it seeks reversal and an award of benefits);
2. Defendant's motion for summary judgment [Doc. No. 22] is DENIED; and
3. This action is REMANDED for further proceedings consistent with this opinion.
Dated: December 2, 2010