Lambert et al v. Commissioner of Social Security

Filing 45

ORDER granting 38 Plaintiff's Motion to lift stay. Signed by Magistrate Judge Thomas B. Smith on 5/4/2012. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SANDRA L. LAMBERT,
Plaintiff,
v.

Case No. 5:09-cv-172-Oc-18GRJ

MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
_____________________________________/
ORDER
Pending before the Court is the Amended Motion to Lift the Stay Regarding
Undersigned Counsel’s Motion for Court Approved (Doc. 30) (sic). (Doc. 38). The
Defendant does not oppose the lifting of the stay. (Doc. 42). Upon due consideration,
the motion is GRANTED and the stay previously entered (Doc. 36) is LIFTED.
Apparently, the parties have a disagreement over whether Plaintiff’s attorney
has already been paid a $6,000 fee pursuant to 42 U.S.C. § 406(b)(1). Now, counsel
are directed to confer and notify this Court within 14 days whether this issue has been
resolved or if a hearing will be required. If a hearing is required, the parties should tell
the Court whether they intend to present evidence or rely solely upon the arguments
and representations of counsel.
IT IS SO ORDERED.
DONE AND ORDERED in Ocala, Florida, on May 4, 2012.

Copies to all Counsel

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