Haese v. Commissioner of Social Security Administration

Filing 33

ORDER granting 30 UNOPPOSED MOTION for Extension of time to File Motion for 406(b) Attorney Fees filed by David Scott Haese. Plaintiff's counsel shall file her motion for attorneys fees within 14 days of the issuance of this Order. Signed by Honorable Charles Goodwin on 08/27/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DAVID SCOTT HAESE,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,1
Defendant.

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Case No. CIV-17-15-G

ORDER
This matter is before the Court on Plaintiff’s motion for an extension of time,
seeking authorization under Rule 60(b)(6) of the Federal Rules of the Civil Procedure to
file a motion for attorney’s fees under 42 U.S.C. § 406(b)(1). See Pl.’s Mot. (Doc. No. 3);
J. (Doc. No. 25) (entered Mar. 13, 2019); McGraw v. Barnhart, 450 F.3d 493, 505 (10th
Cir. 2006); Harlan v. Colvin, No. CIV-13-477-D, 2015 WL 9295809, at *1 (W.D. Okla.
Dec. 18, 2015). Plaintiff states that the Motion is unopposed by Defendant.
Plaintiff informs the Court that on July 7, 2019, the Social Security Administration
issued a notice of award approving Plaintiff for benefits and awarding past-due benefits.
See Pl.’s Mot. at 2. Plaintiff further informs the Court that his counsel has filed this Motion
within 30 days of receipt of the notice of award. See id.
The Court finds that “[s]ubstantial justice will be served by allowing counsel to seek
§ 406(b)(1) fees under the authority of Rule 60(b)(6).”
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McGraw, 450 F.3d at 505.

The current Commissioner is hereby substituted as Defendant pursuant to Federal Rule
of Civil Procedure 25(d).

Accordingly, Plaintiff’s unopposed Motion (Doc. No. 30) is hereby GRANTED.
Plaintiff’s counsel shall file her motion for attorney’s fees within 14 days of the issuance
of this Order.
IT IS SO ORDERED this 27th day of August, 2019.