Chapa v. Berryhill

Filing 40

ORDER by Judge Sallie Kim denying without prejudice 38 Motion for Attorney Fees. (sklc1S, COURT STAFF) (Filed on 9/7/2021)

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Case 3:17-cv-04788-SK Document 40 Filed 09/07/21 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SANDRA ESPINOZA CHAPA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 17-cv-04788-SK v. NANCY A. BERRYHILL, Defendant. ORDER DENYING MOTION FOR ATTORNEY FEES WITHOUT PREJUDICE Regarding Docket No. 38 Plaintiff’s counsel, Geri Kahn, filed a motion for an award of attorneys’ fees. In her 13 motion, Counsel fails to address whether she provided notice to Plaintiff of the motion for 14 attorneys’ fees and/or whether Plaintiff objects. Additionally, Counsel failed to address what her 15 effective hourly rate would be if awarded the amount requested and failed to show that the 16 17 18 effective hourly rate would be reasonable in light of the character of the representation, results achieved, and in comparison to other fee awards from this District. Accordingly, the Court DENIES the motion for attorneys’ fees, but does so without prejudice to Counsel filing an amended motion which cures these defects. 19 IT IS SO ORDERED. 20 Dated: September 7, 2021 21 22 23 24 25 26 27 28 ______________________________________ SALLIE KIM United States Magistrate Judge

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