Andrade v. Commissioner of Social Security

Filing 38

ORDER on Magistrate Judge's 37 Findings and Recommendation, signed by District Judge Anthony W. Ishii on 5/8/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LETICIA ANN ANDRADE,

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Plaintiff

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v.
COMMISSIONER OF SOCIAL
SECURITY,

CASE NO. 1:10-CV-2148 AWI JLT
ORDER ON MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION
(Doc. No. 37)

Defendant

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Following a remand of this social security appeal, Plaintiff’s counsel filed two motions for

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attorneys’ fees (one in December 2016 and one in April 2018), in which she seeks $25,740.00.

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See Doc. Nos. 32, 36. No oppositions to these motions were filed by the Commissioner. The

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matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rule 302.
On April 30, 2018, the Magistrate Judge filed a Findings and Recommendation (“F&R”).

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The F&R recommended granting Plaintiff’s motion and awarding Plaintiff’s counsel fees in the

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amount of $25,740.00, and that the Commissioner pay the amount directly to Plaintiff’s counsel.

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See Doc. No. 37.

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The F&R did not provide a time to file objections. However, because the Commissioner

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failed to file any opposition to either of Plaintiff’s two motions, it is apparent that the

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Commissioner does not oppose the award of attorneys’ fees. Given the unopposed nature of

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Plaintiff’s motion, the Court is aware of no reason why the F&R should not be adopted at this

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time.

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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendation of April 30, 2018 (Doc. No. 37) is ADOPTED IN
FULL;

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2.

Plaintiff’s motion for attorneys’ fees is GRANTED;

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3.

Plaintiff is awarded $25,740.00 in attorneys’ fees; and

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4.

The Commissioner of Social Security shall pay $25,740.00 directly to Plaintiff’s counsel,

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Sengthiene Bosavanh of Milam Law, Inc., 2325 El Camino Ave., Sacramento, CA 95821.

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IT IS SO ORDERED.
Dated: May 8, 2018
SENIOR DISTRICT JUDGE

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