Vitale v. Social Security Administration

Filing 37

ORDER Denying 36 Plaintiff's Motion to Enter Judgment. Signed by Judge James C. Mahan on 10/9/2014. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

SALVATORE H. VITALE, IV,

8

Plaintiff(s),

9
10

Case No. 2:12-CV-2010 JCM (GWF)
ORDER

v.
SOCIAL SECURITY ADMINISTRATION,

11

Defendant(s).

12

Presently before the court is plaintiff Salvatore H. Vitale IV’s unopposed motion for the

13

court to enter judgment pursuant to Federal Rule of Civil Procedure 58(d).

14

Defendant did not file a response, and the deadline to respond has now passed.

(Doc. # 36).

15

On June 17, 2014, the court adopted Magistrate Judge Foley’s report and

16

recommendation, (doc. # 27), and granted plaintiff’s motion to remand the matter to the Social

17

Security Administration, (doc. # 19). On the same date, the clerk closed the case.

18

Plaintiff now asks the court to enter a judgment so that he can move for attorney’s fees.

19

(Doc. # 36). Plaintiff contends that such a motion would not be ripe until the court has entered a

20

judgment.

21

While the court granted plaintiff’s motion to remand, no actual judgment was rendered in

22

this case. Therefore, entry of a judgment for plaintiff is not warranted at this time.

23

...

24

...

25

...

26

...

27

...

28

...

James C. Mahan
U.S. District Judge

1

Accordingly,

2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to

3
4
5
6

enter judgment, (doc. # 36), be, and the same hereby is, DENIED.
DATED October 9, 2014.
__________________________________________
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-