Thomas v. The Commissioner of Social Security Administration

Filing 32

ORDER REQUESTING FURTHER BRIEFING. Signed by Judge Richard Seeborg on 7/3/12. (cl, COURT STAFF) (Filed on 7/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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No. C 08-05769 RS

VENADA VANCE THOMAS,
Plaintiff,

ORDER REQUESTING FURTHER
BRIEFING

v.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

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Defendant.
____________________________________/

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Pending before the Court is plaintiff’s counsel’s petition for attorney’s fees pursuant to 42
U.S.C. § 406(b). The Court hereby requests supplemental briefing on the following questions:
1. Aside from Exhibit B, which does not appear to be a valid contingent-fee agreement, has

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plaintiff executed a retainer agreement that addresses fees in this case? If so, counsel is

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instructed to file the agreement for review (under seal, if necessary).

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2. What authority within the Ninth Circuit supports counsel’s proposal to use the “lodestar”

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approach for evaluating the reasonableness of the requested award, in the absence of a

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pre-existing contingent-fee agreement?

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The supplemental brief must be filed within seven days of this order, and must be limited to two

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written pages. Counsel is instructed not to repeat arguments already stated.

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IT IS SO ORDERED.
Dated: 7/3/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
NO. C 08-05769 RS
ORDER