Rhoades v. Commissioner of Social Security

Filing 32

ORDER signed by District Judge John A. Mendez on 11/16/2020 GRANTING 31 Motion to Amend the Judgment. The 11/12/2020 order is amended nunc protunc to delete page 2, lines 1-2, and in its place substitute the following:2. The Commissioner shall pay counsel in this case the sum of $14,047.41 in attorney's fees under 42 U.S.C. § 406(b); and 3. Plaintiff's counsel shall reimburse plaintiff $6,900 in previously awarded EAJA fees. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY R RHOADES,

12
13
14
15
16
17

Plaintiff,

No. 2:18-cv-1264-JAM-KJN
ORDER

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
On October 16, 2020 the magistrate judge filed findings and recommendations to award

18

attorney’s fees under 42 U.S.C. § 406(b). (ECF No. 29.) Thereafter, the undersigned adopted the

19

findings and recommendations in full. (ECF No. 30.) Plaintiff now moves under Rule 60(a) to

20

correct the court’s order, as that order inadvertently referenced a previous EAJA award. (ECF

21

No. 31.) Plaintiff’s motion is GRANTED. The November 12, 2020 order is amended nunc pro

22

tunc to delete page 2, lines 1-2, and in its place substitute the following:

23
24
25

2. The Commissioner shall pay counsel in this case the sum of $14,047.41 in attorney’s
fees under 42 U.S.C. § 406(b); and
3. Plaintiff’s counsel shall reimburse plaintiff $6,900 in previously awarded EAJA fees.

26
27
28

DATED: November 16, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
1