Noguchi v. Astrue

Filing 23

ORDER granting 22 the Plaintiffs Unopposed Motion for Attorneys Fees Under 42 U.S.C. § 406(b) Pursuant to Fed.R.Civ.P 60(b)(6), in the amount of $20,320.50, to be paid by the Defendant from funds she is currently withholding from the P laintiffs retroactive benefits. If the Stipulated Motion for an Award of Attorneys Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.§2412(d)ECF No. 19 is granted, Ms. Atkinson shall refund the lesser of the two fees awarded to the Plaintiffs survivors, pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 152 L.2d.2d 996, 122 S.Ct. 1817 (2002)., by Judge William J. Martinez on 8/21/2013.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-01228-WJM
AMBER COATS, ex re. M.C.N. and A.G.N., minor children,
SYLVIA MURRY, ex rel. M.A.N. and K.I.N., minor children, survivors of
SCOTT NOGUCHI,
Plaintiff,
v.
CAROLYN COLVIN, Commissioner of Social Security
Defendant.

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY’S FEES UNDER 42
U.S.C. § 406(b) PURSUANT TO FED.R.CIV.P.60(b)(6)

This matter comes before the Court on the Plaintiffs’ Unopposed Motion for
Attorney’s Fees Under 42 U.S.C. § 406(b) Pursuant to Fed.R.Civ.P 60(b)(6), filed
August 6, 2013 (ECF No. 22). The Court having reviewed the Motion and being fully
advised hereby ORDERS as follows:
The Plaintiffs’ Unopposed Motion is GRANTED. Attorney for the Plaintiff, Ann J.
Atkinson, Attorney at Law, is authorized to collect a fee under 42 U.S.C. §406(b) in the
amount of $20,320.50, to be paid by the Defendant from funds she is currently
withholding from the Plaintiff’s retroactive benefits. If the Stipulated Motion for an Award
of Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C.§2412(d)
[ECF No. 19] is granted, Ms. Atkinson shall refund the lesser of the two fees awarded to
the Plaintiff’s survivors, pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 152 L.2d.2d
996, 122 S.Ct. 1817 (2002).

Dated this 21st day of August, 2013.

BY THE COURT:

__________________________
William J. Martínez
United States District Judge

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