Moon v. Commisioner of Social Security

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 6/15/2017 ORDERING that plaintiff's counsel must file, within 30 days, a signed declaration that defendant has been provided with a copy of plaintiff's counsel's 28 motion for fees, inclusive of all exhibits, or proof of service of the same. The clerk's office shall seal ECF 28-2, and plaintiff shall re-file the document with proper redactions in compliance with Local Rule 140(a) within 30 days of this order. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDY ALLAN MOON,

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No. 2:14-cv-00861 AC

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendants.

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Plaintiff sought judicial review of a final decision of the Commissioner of Social Security
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(“Commissioner”), denying her application for Disability Income Benefits under Title II of the
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Social Security Act. On May 20, 2016, the court the parties’ stipulation for voluntary remand and
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remanded the action to the Commissioner for further review. ECF No. 21.
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Now pending before the court is plaintiff’s December 20, 2016 motion for an award of
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attorney’s fees pursuant to 42 U.S.C. § 406(b). ECF No. 28. In this motion, in violation of
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Eastern District of California Local Rule 140(a), counsel filed documents with the court
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containing plaintiff’s full, unredacted social security number. ECF 28-2.
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On October 18, 2016, the Commissioner filed a response to plaintiff’s motion. ECF
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No. 31. The Commissioner asserts that, due to plaintiff’s counsel’s delay in filing for fees under
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§406(b), the amount held for counsel fees has been released to the plaintiff and is now
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recoverable only from the plaintiff. ECF No. 30 at 3.
This motion remains under consideration. Prior to reaching a decision, the court
ORDERS as follows:
(1) Plaintiff’s counsel must file, within 30 days of this order, a signed declaration that

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defendant has been provided with a copy of plaintiff’s counsel’s motion for fees,

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inclusive of all exhibits (ECF No. 21, including Exhibits 1-4), or proof of service of

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the same.

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(2) The clerk’s office shall seal ECF 28-2, and plaintiff shall re-file the document with
proper redactions in compliance with Local Rule 140(a) within 30 days of this order.
DATED: June 15, 2017

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