Harrison v. Colvin

Filing 53

Order by Chief Magistrate Judge Joseph C. Spero granting 49 Motion for Attorneys' Fees. (jcslc2S, COURT STAFF) (Filed on 4/8/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MERCEDES M. HARRISON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02371-JCS
ORDER GRANTING MOTION FOR
ATTORNEYS’ FEES

v.
NANCY A. BERRYHILL,

Re: Dkt. No. 49

Defendant.
Plaintiff’s counsel moves for attorneys’ fees totaling $29,700 pursuant to 42 U.S.C.

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§ 406(b)(1)(A). Dkt. 49. The Court previously ordered counsel to serve her motion on Plaintiff

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Mercedes Harrison, to allow Harrison an opportunity to be heard if she objected to the request.

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Dkt. 51. Counsel has filed proof of service (dkt. 52), the deadline for an objection has passed, and

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Harrison has not filed an objection. For the reason’s stated in counsel’s motion, Defendant Nancy

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Berryhill’s non-opposition response (dkt. 50), and the Court’s previous order, the Court finds

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counsel’s request for fees to be permissible and warranted under § 406(b)(1)(A) and Harrison’s fee

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agreement. After offsetting the $6,000 previously awarded pursuant to the Equal Access to Justice

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Act, counsel is entitled to $23,700. Defendant shall provide that sum to counsel and provide any

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further benefits that have been withheld pending resolution of this issue to Harrison.

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IT IS SO ORDERED.
Dated: April 8, 2019
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JOSEPH C. SPERO
Chief Magistrate Judge