Saunders v. Astrue

Filing 54

AMENDED ORDER granting 53 Plaintiff's counsel's Motion to Modify Court Order. The Court's order 52 is modified to reflect attorneys' fees in the amount of $26,908.00. Signed by Judge David G Campbell on 5/24/12.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marvin A. Saunders,
Plaintiff,

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No. CV08-0595-PHX-DGC
AMENDED ORDER

v.
Michael Astrue, Commissioner of the
Social Security Administration,

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Defendant.

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Plaintiff’s attorney has filed a motion to modify court order dated May 1, 2012

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pursuant to Fed. R. Civ. 60(b). Doc. 53. The Court will grant the motion.

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I.

Background.

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On March 27, 2008, Plaintiff filed a request for judicial review of Defendant’s

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finding that Plaintiff was not disabled under the Social Security Act and was not entitled

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to Disability Insurance Benefits. Doc. 1. On September 16, 2009, the Court affirmed

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Defendant’s decision. Doc. 20. Plaintiff appealed to the Ninth Circuit, and on May 12,

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2011, the Ninth Circuit remanded the matter to this Court for further proceedings.

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Doc. 31-1. On August 25, 2011, the Court remanded the matter to Defendant for an

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award of benefits. Doc. 38. Plaintiff’s attorney filed a motion for an award of attorneys’

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fees pursuant to 42 U.S.C. § 406(b). Doc. 49. The Court entered an order (Doc. 52)

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granting the attorneys’ fees. Plaintiff’s attorney then filed a motion to modify court order

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dated May 1, 2012 pursuant to Fed. R. .Civ. P. 60(b). Doc. 53. Counsel for Defendant

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have indicated to the Court that they do not oppose the motion.

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IT IS ORDERED that Plaintiff’s counsel’s motion to modify Court order

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(Doc. 53) is granted. The Court’s order (Doc. 52) is modified to reflect attorneys’ fees

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in the amount of $26,908.00.

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Dated this 24th day of May, 2012.

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