Estrella v. Astrue

Filing 36

ORDER re 34 MOTION for Attorney Fees Pursuant to 42 USC 406(b). Signed by Magistrate Judge Donna M. Ryu on 04/18/2013. (dmrlc1, COURT STAFF) (Filed on 4/18/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 SOCORRO ESTRELLA, 12 13 Plaintiff, No. C-10-05600 DMR ORDER RE PLAINTIFF’S COUNSEL’S MOTION FOR ATTORNEYS’ FEES v. 14 MICHAEL J ASTRUE, 15 Defendant. ___________________________________/ 16 17 The court is in receipt of the Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) 18 submitted by Plaintiff’s counsel Steven Rosales, as well as Defendant Commissioner of Social 19 Security’s statement of non-opposition thereto. [Docket Nos. 34, 35.] 20 In Mr. Rosales’ motion, he seeks an award of fees in the amount of $15,000, with a credit in 21 the amount of $4,050 to Plaintiff Socorro Estrella for fees already paid, for a net fee of $10,950. In 22 this motion, Mr. Rosales’ interests are adverse to those of his client, Plaintiff Estrella, because any 23 fees that the court awards Mr. Rosales pursuant to section 406(b) will come from Ms. Estrella’s 24 past-due benefits. In other words, if the court grants Mr. Rosales’ motion and awards him fees, it 25 will reduce the amount of past-due benefits that Plaintiff Estrella will receive from Defendant by the 26 amount of the court’s award. Therefore, the court grants Plaintiff Estrella until May 6, 2013 to 27 submit any objections to Mr. Rosales’ motion for attorneys’ fees. If the court does not receive any 28 1 objections from Plaintiff Estrella by that date, the court will decide Mr. Rosales’ motion based on 2 the papers already submitted. 8 Dated: April 18, 2013 onn Judge D RT DONNA M. RYU United States Magistrate Judge ER H 10 11 For the Northern District of California u a M. Ry NO 9 United States District Court I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FO 7 ERED ORD T IS SO R NIA S UNIT ED IT IS SO ORDERED. RT U O 5 6 S DISTRICT TE C TA with a copy of the Order and file a proof of service. LI 4 Upon receipt of this Order, Plaintiff’s counsel shall immediately serve Plaintiff Estrella A 3 N F D IS T IC T O R C

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