Talley v. Astrue

Filing 46

ORDER DENYING MOTION AS MOOT (SI, COURT STAFF) (Filed on 11/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PETER C. TALLEY,

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United States District Court
For the Northern District of California

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No. C 08-04529 SI

Plaintiff,

ORDER DENYING MOTION AS MOOT

v.
MICHAEL J. ASTRUE,
Defendant.

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Currently before the Court is plaintiff’s motion to enforce judgment in aid of execution of

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judgment and for sanctions. That motion is set for hearing on November 18, 2011. Plaintiff contends
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that defendant refused to comply with this Court’s June 2011 order awarding fees under 42 U.S.C.
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§ 406(b). Defendant responded to the motion on October 17, 2011, arguing that while payment of the
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fees was delayed due to an oversight, all fees due have been paid as of October 13, 2011. As such,
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defendant requests that the motion be denied.
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Plaintiff’s reply was due on October 24, 2011. No reply was filed, and on October 31, 2011, the
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Court’s courtroom deputy contacted the counsel for both parties inquiring whether the motion would
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be withdrawn or whether plaintiff intended to keep the matter on for oral argument. As of this date,
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plaintiff has not filed a reply or otherwise responded to the Court’s inquiry as to the status.
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Having reviewed the papers submitted, the Court DENIES the motion as moot. All outstanding
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fees have apparently been paid. The Court will not impose sanctions on the government as the failure
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to pay initially was due to an oversight.
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IT IS SO ORDERED.
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Dated: November 7, 2011
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SUSAN ILLSTON
United States District Judge