Ingrassia v. Colvin

Filing 32

MEMORANDUM OF DECISION & ORDER: 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 by Judge Arthur D. Spatt on 4/4/2019. (Coleman, Laurie)

FILED 
CLERK 

10:20 am, Apr 04, 2019

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KAREN A. INGRASSIA,

MEMORANDUM OF
DECISION & ORDER
2:16-cv-00995 (ADS) (AKT)

Plaintiff,
-againstNANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendants.
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APPEARANCES:

Law Office Charles E. Binder and Harry J. Binder
Counsel for the Plaintiff
485 Madison Ave. Suite 501
New York, NY 10022
By:
Charles E. Binder, Esq., Of Counsel.
United States Attorney’s Office
Eastern District Of New York
271 Cadman Plaza East
Brooklyn, NY 11201
By:
Candace Scott Appleton, Esq., Assistant United States Attorney,
Rukshanah L. Singh, Esq., Assistant United States Attorney.
SPATT, District Judge:
On August 18, 2017, the Plaintiff moved for an Order approving the contingency-fee
arrangement entered into between the Plaintiff and counsel and directing the SSA to remit to
Plaintiff’s counsel twenty-five percent of Plaintiff’s past-due SSD benefits, totaling $31,512.23.
On September 26, 2018, the Court referred the motion to United States Magistrate Judge
A. Kathleen Tomlinson for a Report and Recommendation as to whether the motion should be
granted, and if so, what the award should be.

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On March 19, 2019, Judge Tomlinson issued a Report and Recommendation (“R&R”) that
Plaintiff’s motion for attorneys’ fees be granted, and the SSA be directed to remit to Plaintiff’s
counsel $31,512.23 in attorneys’ fees, offset by $6,000.00, which Plaintiff’s counsel has already
been awarded in attorneys’ fees. Judge Tomlinson 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.

SO ORDERED.
Dated: Central Islip, New York
April 4, 2019
___/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge

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