Allen v. Berryhill

Filing 42

ORDER GRANTING MOTION FOR ATTORNEY'S FEES UNDER 42 U.S.C. § 406(b) granting 40 Motion for Attorney Fees. (Illston, Susan) (Filed on 7/21/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHARISE NICHELLE ALLEN,
Plaintiff,

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v.

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ANDREW SAUL,1
Defendant.

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United States District Court
Northern District of California

Case No. 17-cv-03384-SI
ORDER GRANTING MOTION FOR
ATTORNEY'S FEES UNDER 42 U.S.C.
§ 406(b)
Re: Dkt. No. 40

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On September 11, 2018, the Court issued an order in this Social Security appeal granting in

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part and denying in part plaintiff’s motion for summary judgment and remanding the matter for

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further administrative proceedings. Dkt. No. 30. On January 28, 2019, the Court ordered payment

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of $13,478.97 in attorney’s fees to plaintiff’s counsel under the Equal Access to Justice Act, 28

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U.S.C. § 2412(d). Dkt. No. 39.

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On June 22, 2020, plaintiff’s counsel filed the instant motion for attorney’s fees pursuant to

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42 U.S.C. § 406(b). Dkt. No. 40. Plaintiff’s counsel mailed a copy of the motion to plaintiff,

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notifying plaintiff of her right to object to the fee request within 14 days. The Court has received

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no objection. Defendant Andrew Saul, Commissioner of Social Security, has filed a response taking

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no position on the reasonableness of the fee request. Dkt. No. 41.

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Having reviewed and considered the motion for attorney’s fees under 42 U.S.C. § 406(b),

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and all supporting declarations and documentation and the government’s response, it is hereby

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ORDERED that plaintiff’s counsel’s request for attorney’s fees under 42 U.S.C. § 406(b) is

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GRANTED. Section 406(b) fees are allowed in the amount of TWENTY-ONE THOUSAND FIVE

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Andrew Saul, Commissioner of Social Security, is substituted for his predecessor, Nancy
A. Berryhill, pursuant to Federal Rule of Civil Procedure 25(d).

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HUNDRED FIFTY-SEVEN DOLLARS AND TWENTY-FIVE CENTS ($21,557.25), to be paid

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out of the amount withheld by the Commissioner from plaintiff’s benefits to her counsel DOLLY

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MARLO TROMPETER.

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Out of this gross fee, plaintiff’s counsel will refund to plaintiff EAJA fees previously
awarded in the amount of $13,478.97.
Plaintiff’s counsel is directed to send a copy of this Order to plaintiff immediately.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: July 21, 2020
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SUSAN ILLSTON
United States District Judge

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