Nelson v. Astrue

Filing 31

ORDER granting 27 Amended Petition for Attorney Fees. Signed by Magistrate Carolyn S Ostby on 5/22/2013. (JDH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
____________________________________________________________________________

JAMES L. NELSON,

Cause No. CV-12-06-BLG-SEH-CSO

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
______________________________________________________________________________

INTRODUCTION
Presently before the Court is Plaintiff’s Amended Petition for Attorney Fees.
(Court’s Doc. 27). Defendant concedes that the award of fees under 406(b) is proper,
but contests the claim for the $350.00 filing fee paid to the Clerk of Court.
Defendant argues the claim for the filing fee cost is untimely and therefore
waived. Defendant relies on Local Rule 54.1(a)(1), which provides that “[w]ithin
fourteen (14) days after the entry of a judgment allowing costs, the prevailing party
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may serve and file an application for the taxation of costs ... [and] [f]ailure to comply
with any provision of [] subsection (a) will be deemed a waiver of all costs except
Clerk’s costs.”
The Court is unpersuaded by Defendant’s argument. Rule 54.1(a) clearly
exempts “Clerk’s costs” from the waiver. Plaintiff submits that no costs are sought
other than the filing fee of $350.00 paid to the Clerk.

Defendant offers no

compelling argument why the filing fees paid to the Clerk of Court do not comprise
“Clerk’s costs” which are specifically exempted by Local Rule 54.
Therefore, good cause appearing, IT IS ORDERED that:
1. Plaintiff’s Amended Petition for Attorney Fees (Court’s Doc. 27) is
GRANTED. Defendant shall pay to Plaintiff an award of attorney’s fees under
42 U.S.C. § 406(b) in the amount of $7657.16. Defendant also shall pay to
Plaintiff an award of costs in the amount of $350 comprising the filing fee paid
to the Clerk of Court.
2. The Clerk of Court shall notify the parties of the making of this Order.
DATED this 22nd day of May, 2013.

/s/ CAROLYN OSTBY
UNITED STATES MAGISTRATE JUDGE

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