Cox-Williams v. Social Security Administration

Filing 32

OPINION & ORDER by Magistrate Judge Kimberly E. West granting 29 Motion for Relief (sjr, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
TRACY RANDELL COX-WILLIAMS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social
Security Administration,
Defendant.

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Case No. CIV-14-089-KEW

OPINION AND ORDER
This matter comes before this Court on Plaintiff’s Motion for
Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Timothy M.
White, counsel for Plaintiff, on August 8, 2016 (Docket Entry #29).
Counsel requests an extension of time under Fed. R. Civ. P. 60 to
file a motion for attorney’s fees pursuant to 42 U.S.C. § 406(b)
because he has not yet received a copy of the agency award upon
which the request would be based.

Counsel requests he be allowed

until 30 days after receiving the Notice of Award to file a §
406(b) motion.
Counsel has employed the appropriate method for seeking and
obtaining an extension under Fed. R. Civ. P. 60(b)(6).
Barnhart, 450 F.3d 493, 505 (10th Cir. 2006).

McGraw v.

The timeliness in

filing the motion for attorney fees will be gauged upon the
standard of reasonableness, which certainly will encompass the time
required to obtain a copy of the award.

This Court notes that

counsel has now filed a request for fees under § 406(b).

To the

extent still required, counsel is afforded Rule 60(b) relief.

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Relief
Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Timothy M. White,
Plaintiff’s counsel, on August 8, 2016 (Docket Entry #29) is hereby
GRANTED.
IT IS SO ORDERED this 26th day of September, 2016.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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