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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?