Moore v. Commissioner of Social Security

Filing 22

ORDER granting 19 Motion for Attorney Fees to the extent that it seeks an award of attorney's fees in the amount of $3,990.06 and costs in the amount of $400.00. Plaintiff is awarded attorney's fees in the amount of $ 3,990.06. Plaintiff is also awarded costs in the amount of $400.00. In all other respects, the Motion is DENIED; Adopting Report and Recommendations - re 20 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 3/5/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MARGO ELIZABETH MOORE,
Plaintiff,
v.

Case No: 6:16-cv-2075-Orl-41GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Uncontested Motion for Attorney’s Fees
(Doc. 19). United States Magistrate Judge Gregory J. Kelly submitted a Report and
Recommendation (Doc. 20), recommending that the Court grant the motion to the extent that it
requests $3,990.06 in attorney’s fees and $400.00 in costs. However, Judge Kelly recommends
that the Court deny the motion to the extent that it asks the Court to order that costs and fees be
paid directly to Plaintiff’s counsel, pursuant to the assignment provision in Plaintiff’s retainer
agreement. (Id. at 2–3).
After a de novo review of the record, and noting that the parties filed a Joint Statement in
Response to the Report and Recommendation (Doc. 21) indicating that neither party had any
objections, this Court agrees with the analysis in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 20) is ADOPTED and CONFIRMED and
made a part of this Order.

Page 1 of 2

2. Plaintiff’s Uncontested Motion for Attorney’s Fees (Doc. 19) is GRANTED to the
extent that it seeks an award of attorney’s fees in the amount of $3,990.06 and costs
in the amount of $400.00.
3. Plaintiff is awarded attorney’s fees in the amount of $3,990.06.
4. Plaintiff is also awarded costs in the amount of $400.00.
5. In all other respects, the Motion is DENIED. The Commissioner may, in her
discretion, pay all or part of the attorney’s fees directly to Plaintiff’s counsel should
she determine that it is appropriate to do so.
DONE and ORDERED in Orlando, Florida on March 5, 2018.

Copies furnished to:
Counsel of Record

Page 2 of 2