McDermott v. Barnhart

Filing 37

ORDER granting 36 Motion to Reopen Case for limited purpose of permitting plaintiff to file a motion for an award of attorneys' fees, by Judge Walker D. Miller on 1/26/09.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE WALKER D. MILLER Civil Action No. 06-cv-00583-WDM DELL R. MCDERMOTT, Plaintiff v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant ________________________________________________________________________ ORDER ON MOTION TO REOPEN _______________________________________________________________________ Miller, J. This case is before me on Plaintiff's Motion to Reopen Pursuant to Fed. R. Civ. P. 60(b)(6) (doc no 36) seeking to reopen this matter in order to file a request for an award of attorneys' fees. After remand, Plaintiff obtained a favorable decision and an award of past due benefits. Plaintiff now seeks attorney's fees pursuant to 42 U.S.C. § 406(b)(1). The Commissioner has not filed an objection to the request to reopen. Plaintiff's motion will be granted. Accordingly, it is ordered: 1. Plaintiff's Motion to Reopen Pursuant to Fed. R. Civ. P. 60(b)(6) (doc no 36) is granted.

2.

This matter is reopened for the limited purpose of permitting Plaintiff to file a motion for an award of attorneys' fees.

DATED at Denver, Colorado, on January 26, 2009. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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