Staib v. Colvin

Filing 48

MEMORANDUM OF DECISION & ORDER re 33 Motion for Attorney's Fees. On December 4, 2018, Judge Lindsay issued a 47 Report and Recommendation ("R&R") that Plaintiff be awarded $9,660.00 in attorneys' fees and $623.72 in costs, for a total amount of $10,283.72. Judge Lindsay electronically served a copy of the R&R on the parties. It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Plaintiff is awarded attorneys' fees and costs in the amount explained in the R&R. SEE ATTACHED "DECISION" for details. So Ordered by Judge Arthur D. Spatt on 2/8/2019. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CHRISTINA STAIB,

FILED 
CLERK 

11:54 am, Feb 08, 2019

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

MEMORANDUM OF
DECISION & ORDER
2:15-cv-06775 (ADS) (ARL)

Plaintiff,
-againstNANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendants.
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APPEARANCES:
Jeffrey D. Delott, Esq.
Counsel for the Plaintiff
366 North Broadway Suite 410k-3
Jericho, NY 11753

United States Attorneys Office
Eastern District Of New York
271 Cadman Plaza East
Brooklyn, NY 11201
By:
Candace Scott Appleton, Esq., Assistant United States Attorney,
SPATT, District Judge:
On August 2, 2017, the Plaintiff filed a motion for attorney’s fees and costs pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”).

On September 26, 2018, the Court referred the motion to United States Magistrate Judge
Arlene R. Lindsay for a Report and Recommendation as to whether the motion should be granted,
and if so, what the award should be.
On December 4, 2018, Judge Lindsay issued a Report and Recommendation (“R&R”) that
Plaintiff be awarded $9,660.00 in attorneys’ fees and $623.72 in costs, for a total amount of
$10,283.72. Judge Lindsay electronically served a copy of the R&R on the parties.
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It has been more than fourteen days since the service of the R&R, and the parties have not
filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court
has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its
result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y.
Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error).
Accordingly, the R&R is adopted in its entirety. The Plaintiff is awarded attorneys’ fees
and costs in the amount explained in the R&R.

SO ORDERED.
Dated: Central Islip, New York
February 8, 2019
___/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge

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