Cooper v. Astrue

Filing 46

ORDER by Judge Edward M. Chen Adopting 45 Magistrate Judge's Report and Recommendations Re 37 Plaintiff's Counsel's Unopposed Motion to Withdraw Motion for Attorneys' Fees Without Prejudice. (emcsec, COURT STAFF) (Filed on 6/10/2015)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

MICHAEL C. COOPER,

9

11
For the Northern District of California

United States District Court

10

Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,

12
13

No. C-10-4299 EMC

Defendant.
___________________________________/

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION RE PLAINTIFF’S
COUNSEL’S UNOPPOSED MOTION TO
WITHDRAW MOTION FOR
ATTORNEYS’ FEES WITHOUT
PREJUDICE
(Docket Nos. 37, 45)

14
15
16

Previously, the Court granted Plaintiff’s motion for summary judgment and denied

17

Defendant’s cross-motion. See Docket No. 24 (order). Thereafter, Plaintiff filed a motion for

18

attorney’s fees pursuant to the Equal Access to Justice Act and costs pursuant to 28 U.S.C. § 1920.

19

See Docket No. 27 (motion). The parties resolved the motion through a stipulation. See Docket

20

Nos. 29-30 (stipulation and order). Subsequently, Plaintiff’s counsel moved for attorney’s fees

21

pursuant to 42 U.S.C. § 406(b). See Docket No. 31 (motion). This motion was referred to Judge

22

James for a report and recommendation (“R&R”). See Docket No. 34 (order).

23

Judge James has now issued her R&R for Plaintiff’s counsel’s amended motion. See Docket

24

No. 37 (amended motion); Docket No. 45 (R&R). In the R&R, Judge James recommends that this

25

Court grant Plaintiff’s counsel’s unopposed motion to withdraw the fee motion without prejudice to

26

re-filing. See Docket No. 45 (R&R at 2). No party has objected to Judge James R&R.

27
28

1

The Court finds the R&R correct, well reasoned, and thorough, and adopts it in every

2

respect. Accordingly, the Court hereby GRANTS Plaintiff’s counsel’s unopposed motion to

3

withdraw the fee motion without prejudice to re-filing.

4

This order disposes of Docket Nos. 37 and 45.

5
6

IT IS SO ORDERED.

7
8

Dated: June 10, 2015

9

_________________________
EDWARD M. CHEN
United States District Judge

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2