Bookman v. Commissioner of Social Security

Filing 32

ORDER adopting 28 REPORT AND RECOMMENDATION; denying 23 MOTION for Attorney's Fees and Costs; granting in part and denying in part 24 MOTION for Attorney's Fees and Costs. Signed by Judge John Antoon II on 12/6/2011. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARJORIE S. BOOKMAN,
Plaintiff,
-vs-

Case No. 6:08-cv-1986-Orl-28DAB

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________/

ORDER
This case is before the Court on Plaintiff’s Motion for Attorney’s Fees and Costs (Doc.
No. 23) filed October 11, 2011, and Plaintiff’s Motion for Attorney’s Fees and Costs (Doc. No.
24) filed October 12, 2011. The United States Magistrate Judge has submitted a report
recommending that the first motion be denied and the second motion be granted in part and
denied in part.
After an independent de novo review of the record in this matter, and consideration
of Plaintiff’s Objection to the Report and Recommendation, as well as the Commissioner of
Social Security’s response to Plaintiff’s Objection,1 Plaintiff’s Objection is overruled. The
Court agrees entirely with the findings of fact and conclusions of law in the Report and
Recommendation. Therefore, it is ORDERED as follows:

1

Plaintiff has filed a Reply to the Commissioner of Social Security’s Response to
Plaintiff’s Objection to the Report and Recommendation (Doc. 31). This Reply was not
authorized by the Court or allowed by the applicable Rules and has not been considered by
the Court.

1.

That the Report and Recommendation filed November 2, 2011 (Doc. No. 28)

is ADOPTED and CONFIRMED and made a part of this Order.
2.

Plaintiff’s Motion for Attorney Fees and Costs (Doc. No. 23) is DENIED.

3.

Plaintiff’s Motion for Attorney’s Fees and Costs (Doc. No. 24) is GRANTED in

part and DENIED in part. Plaintiff is awarded $2,875.00 in attorney’s fees and $350.00 in
costs.
4.

The Clerk of the Court is directed to enter judgment in favor of Plaintiff and

against the Commissioner of Social Security in the amount of $2,875.00 in attorney’s fees
and $350.00 in costs.
DONE and ORDERED in Chambers, Orlando, Florida this 6th day of December, 2011.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

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