Blanton v. Commissioner of Social Security

Filing 30

ORDER: Defendant's Motion 29 under Rule 60(b) of the Federal Rules of Civil Procedure Requesting that the Court Reconsider Its Order Granting Attorney's Fees under 42 U.S.C. § 406(b) is granted in part as explained herein. The Clerk of Court is directed to vacate the Court's Order that granted Plaintiff's request for attorney's fees in the amount of $13,675.00 28 . The Clerk of Court is directed to reinstate Plaintiff's Motion for Attorney's Fees to pending status 27 . Defendant shall file its response in opposition to Plaintiff's Motion 27 within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 8/1/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEBRA DENISE BLANTON,
Plaintiff,
v.

CASE NO: 8:12-CV-940-T-30TBM

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendant’s Motion under Rule 60(b) of
the Federal Rules of Civil Procedure Requesting that the Court Reconsider Its Order
Granting Attorney’s Fees under 42 U.S.C. § 406(b). Upon consideration, the Court grants
the motion to the extent that it vacates its Order granting Plaintiff’s purported unopposed
motion and reinstates it to pending status, so that Defendant may have an opportunity to file
its response in opposition.
DISCUSSION
On July 7, 2017, Plaintiff filed Plaintiff’s “Unopposed” Motion for Attorney’s Fees
under 42 U.S.C. § 406(b) (Dkt. 27). Plaintiff requested fees in the amount of $13,675.
Plaintiff represented in the body of the motion that: “The Plaintiff has conferred with
opposing counsel and counsel consents to the Motion for attorney fees (Exhibit 4).” Id.
Exhibit 4 is titled “Statement of Agreement,” and certifies, in relevant part, that “opposing
counsel has consented to the fees requested.” Id. Based on these representations, the Court

entered its Order, awarding Plaintiff’s counsel attorney’s fees in the amount of $13,675.
(Dkt. 28).
Defendant’s motion for reconsideration states that Defendant’s counsel informed
Plaintiff’s counsel that, although Defendant’s counsel did not think Defendant objected to
the motion for fees, he needed to know the number of hours Plaintiff’s counsel was claiming
to determine if the fee request was reasonable. (Dkt. 29). Defendant states that Plaintiff’s
counsel filed the motion as unopposed, despite the request for more information, and that
Defendant does oppose the amount of fees Plaintiff’s counsel requests in the motion.
Under these circumstances, the Court determines that Defendant should have an
opportunity to challenge the reasonableness of Plaintiff’s request for attorney’s fees. It is
unclear whether Plaintiff’s counsel misunderstood Defendant’s counsel when he filed the
motion as unopposed. The Court will give him the benefit of the doubt and assume a
misunderstanding occurred. Accordingly, the Court denies Defendant’s motion to the extent
Defendant argues that the Court should deny Plaintiff’s request for attorney’s fees in the
entirety for characterizing the motion as unopposed. Rather, the motion will be reinstated
to pending status and Defendant may then file its response in opposition.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendant’s Motion (Dkt. 29) under Rule 60(b) of the Federal Rules of Civil
Procedure Requesting that the Court Reconsider Its Order Granting Attorney’s
Fees under 42 U.S.C. § 406(b) is granted in part as explained herein.

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2.

The Clerk of Court is directed to vacate the Court’s Order that granted
Plaintiff’s request for attorney’s fees in the amount of $13,675.00 (Dkt. 28).

3.

The Clerk of Court is directed to reinstate Plaintiff’s Motion for Attorney’s
Fees to pending status (Dkt. 27).

4.

Defendant shall file its response in opposition to Plaintiff’s Motion (Dkt. 27)
within fourteen (14) days of this Order.

DONE and ORDERED in Tampa, Florida on August 1, 2017.

Copies furnished to:
Counsel/Parties of Record

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