Moreno v. Commissioner of Social Security

Filing 16

ORDER REQUIRING DEFENDANT TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO PLAINTIFFS MOTION FOR ATTORNEY FEES AND COSTS WITHIN FIVE DAYS. Signed by Magistrate Judge Stanley A. Boone on 5/15/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIZA LUCERO MORENO,
Plaintiff,

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Case No. 1:16-cv-1600-SAB
ORDER REQUIRING DEFENDANT TO
FILE OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO PLAINTIFF’S
MOTION FOR ATTORNEY FEES AND
COSTS WITHIN FIVE DAYS

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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On October 21, 2016, Plaintiff Liza Lucero Moreno (“Plaintiff”) filed a complaint

18 seeking judicial review of a final decision of the Commissioner of Social Security
19 (“Commissioner” or “Defendant”) denying her application for disability benefits pursuant to the
20 Social Security Act. Pursuant to the stipulation of the parties, this action was remanded for
21 further administrative proceedings on January 22, 2018. On April 20, 2018, Plaintiff filed a
22 motion for attorney fees pursuant to the Equal Access to Justice Act and costs pursuant to 28
23 U.S.C. § 1920. Defendant has not filed a response to the motion.
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The Local Rules of the Eastern District of California provide that a party having no

25 opposition to the granting of a motion shall file a statement of non-opposition. L.R. 230(c). In
26 this instance, Defendant has not filed an opposition or a statement of non-opposition to
27 Plaintiff’s motion for attorney fees and costs. The Court shall require Defendant to either file an
28 opposition to the motion or a statement of non-opposition within five days from the date of entry

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1 of this order. If there is no opposition, the parties may stipulate to the award of attorney fees.
Based on the foregoing, IT IS HEREBY ORDERED that Defendant shall file an

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3 opposition or a statement of non-opposition to Plaintiff’s motion for attorney fees within five (5)
4 days of the date of entry of this order.
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IT IS SO ORDERED.

7 Dated:

May 15, 2018
UNITED STATES MAGISTRATE JUDGE

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