McManus v. Commissioner of Social Security

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF'S CONSENT MOTION FOR ATTORNEY'S FEES re 25 Motion for Attorney Fees, filed by Heather McManus, 26 Report and Recommendations, ; granting 25 Motion for Attorney Fe es; Adopting 26 Report and Recommendations on 25 Motion for Attorney Fees, filed by Heather McManus, 26 Report and Recommendations. Signed by Judge Melissa Damian on 7/9/2024. See attached document for full details. (drz)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 23-61963-CIV-DAMIAN/Valle HEATHER MCMANUS, Plaintiff, v. MARTIN O’MALLEY, Commissioner of Social Security, Defendant. _______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S CONSENT MOTION FOR ATTORNEY’S FEES THIS CAUSE is before the Court upon the Report and Recommendation (“R&R”) of the Honorable Alicia O. Valle, United States Magistrate Judge, [ECF No. 26] regarding Plaintiff, Heather McManus’s (“Plaintiff”), Consent Motion for Attorney’s Fees Under the Equal Access to Justice Act [ECF No. 25] (“Motion”), filed June 25, 2024. In her R&R, Magistrate Judge Valle recommends that Plaintiff’s Motion be granted and that the Court award $4,709.74 in attorney’s fees, which should be made payable to Plaintiff’s counsel after the U.S. Department of the Treasury determines whether Plaintiff owes a federal debt. The parties have not filed objections to the R&R, and the time to do so has passed. THE COURT has reviewed the R&R, the Motion, and the relevant record and agrees with the reasoning and recommendations set forth therein. Finding no clear error, the Court AFFIRMS and ADOPTS Judge Valle’s R&R [ECF No. 25]. Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff’s Consent Motion for Attorney’s Fees Under the Equal Access to Justice Act [ECF No. 25] is GRANTED. Plaintiff is awarded $4,709.74 in attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), which shall be payable to Plaintiff’s counsel, David B. Goetz, Esq., subject to offset against any pre-existing debt Plaintiff may owe to the United States. DONE AND ORDERED in Chambers in the Southern District of Florida, this 9th day of July, 2024. ________________________________________ MELISSA DAMIAN UNITED STATES DISTRICT JUDGE cc: counsel of record 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?