Kocan v. Colvin

Filing 30

ORDER Adopting 29 Report and Recommendation. FURTHER ORDERED that 23 Amended Motion for Attorney Fees is GRANTED; Kocan is awarded $8,000 in attorney's fees, to be offset by the EAJA fee award already provided. The Clerk of Court is directed to enter judgment in favor of the plaintiff in the total amount of $8,000 (which includes the $1,425.00 awarded in the stipulated order at ECF 18 ). Signed by Judge Jennifer A. Dorsey on 3/7/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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John W. Kocan,

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Plaintiff

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Order Adopting Report and
Recommendation and Granting
Amended Motion for Attorney’s Fees

v.

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2:14-cv-01058-JAD-NJK

Carolyn W. Colvin,

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[ECF 23, 29]

Defendant

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John W. Kocan sued Carolyn W. Colvin, as the acting commissioner of Social Security, to

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recoup benefits he claims were unjustly denied to him.1 The government stipulated to remand before

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any substantive briefing occurred in this case, and Kocan ultimately prevailed in obtaining benefits.

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Kocan now requests attorney’s fees under 42 USC § 406(b);2 the government filed a non-opposition

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in response.3 Magistrate Judge Koppe entered a report recommending that I grant Kocan’s

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unopposed motion for $8,000 in attorney’s fees, to be offset by the Equal Access to Justice Act

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(EAJA) fee award already provided. Objections to Magistrate Judge Koppe’s report and

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recommendation were due by March 4, 2016. Neither party has filed an objection or requested an

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extension to do so.

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“[N]o review is required of a magistrate judge’s report and recommendation unless

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objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also

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Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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Cir. 2003).

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Accordingly, and with good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, and
DECREED that Magistrate Judge Koppe’s Report and Recommendation [ECF 29] is ADOPTED;

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ECF 3.

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ECF 23.

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ECF 24.
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IT IS FURTHER ORDERED that plaintiff’s Amended Motion for Attorney’s Fees [ECF

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23] is GRANTED; Kocan is awarded $8,000 in attorney’s fees, to be offset by the EAJA fee

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award already provided.

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The Clerk of Court is directed to enter judgment in favor of the plaintiff in the total
amount of $8,000 (which includes the $1,425.00 awarded in the stipulated order at ECF 18).
Dated this 7th day of March, 2016

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_________________________________
______________________
_ _ _ _ __ _
Jennifer A. Dorsey
nnifer .
i
United States District Judge
nited States District Judge
d ta
ict u

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