Simonette v. Commissioner of Social Security

Filing 18

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS re 16 Motion for Attorney Fees filed by Christian Simonette, 17 Report and Recommendations, ; granting 16 Motion for Attorney Fees; Adopting 17 Report and Recommendations on 16 Motion for Attorney Fees filed by Christian Simonette, 17 Report and Recommendations. Signed by Judge Aileen M. Cannon on 1/10/2022. See attached document for full details. (drz)

Case 2:21-cv-14105-AMC Document 18 Entered on FLSD Docket 01/10/2022 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION
CASE NO. 21-14105-CIV-CANNON/Maynard
CHRISTIAN SIMONETTE,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.
____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS
THIS CAUSE is before the Court upon Plaintiff’s Motion for Attorneys’ Fees Under the
Equal Access to Justice Act [ECF No. 16]. On February 25, 2021, the Court referred this case to
Magistrate Judge Shaniek M. Maynard for a ruling on all pre-trial, non-dispositive matters and for
a Report and Recommendation on any dispositive matters [ECF No. 2]. On December 17, 2021,
Judge Maynard issued a Report (“R&R”) recommending that the Motion for Attorneys’ Fees be
granted [ECF No. 17]. The R&R states that the parties shall file any objections within fourteen
days of the date of service of the R&R [ECF No. 17 p. 10]. No party has filed objections.
The Court has conducted a de novo review of the R&R and the record in this case and is
otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir.
2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned
and correct. The Court therefore agrees with the analysis in the R&R and concludes that the
Motion for Attorneys’ Fees [ECF No. 16] should be GRANTED for the reasons set forth therein.

Case 2:21-cv-14105-AMC Document 18 Entered on FLSD Docket 01/10/2022 Page 2 of 2
CASE NO. 21-14105-CIV-CANNON/Maynard
Accordingly, it is ORDERED and ADJUDGED as follows:
1.

The R&R [ECF No. 17] is ADOPTED.

2.

Plaintiff’s Motion for Attorneys’ Fees [ECF No. 16] is GRANTED.

3.

Plaintiff shall be awarded a total of $760.07 in attorneys’ fees and $402.00 in costs
pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).

4.

The Secretary of the U.S. Department of the Treasury shall determine whether
Plaintiff owes a qualifying, pre-existing debt to the federal government. If such a
debt exists, the Secretary shall reduce the attorney fee amount awarded by the
extent necessary to pay it. Pursuant to the Plaintiff’s assignment of the EAJA fee
award to his attorney, ECF No. 16-1, the Secretary shall pay the balance to Erik W.
Berger, Esq. and send that payment to the following address: 3744 Dupont Station
Court South, Jacksonville, Florida 32217.

DONE AND ORDERED in Chambers at Fort Pierce, Florida this 10th day of January
2022.

cc:

_________________________________
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE

counsel of record

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