Jagdeo v. Social Security Administration, Commissioner of (TWP1)

Filing 44

ORDER AND JUDGMENT granting 31 Motion to Amend/Revise; denying as moot 32 Motion to Amend/Correct; adopting Report and Recommendations re 43 Report and Recommendations ; granting 29 Motion for Attorney Fees PURSUANT TO & #167; 206(b)(1). Having reviewed the record, the Court agrees with Judge Poplin's recommendation. The Court therefore ACCEPTS IN WHOLE the report and recommendation under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). For the reasons in the report and recommendation, which the Court adopts and incorporates into this Order, Plaintiffs Petition for Approval of § 406(b) Attorney Fees [Doc. 29] and Plaintiffs Motion to Amend Petition for Attorney Fees [Doc. 31] are GRANTED. It is therefore ORDERED that Plaintiffs counsel recover from Defendant Kilolo Kijakazi, Acting Commissioner of Social Security, the amount of $32,126.15 in attorney's fees, with the requirement that Plaintiff's attorney must r emit to Plaintiff the amount of $7,000 in attorney's fees previously received from Defendant. Plaintiff's Second Motion to Amend Petition for Attorney Fees [Doc. 32] is DENIED as moot. Signed by District Judge J Ronnie Greer on 2/24/2022. (LCK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RUSSELL R. JAGDEO,
Plaintiff,
v.
KILOLO KIJAKAZI, Acting Commissioner
of Social Security,
Defendant.

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No. 3:17-CV-00469-JRG-DCP

ORDER AND JUDGMENT
This matter is before the Court on United States Magistrate Judge Debra C. Poplin’s
Report and Recommendation [Doc. 43]. Judge Poplin recommends the Court grant Plaintiff’s
Petition for Approval of § 406(b) Attorney Fees [Doc. 29] and Plaintiff’s Motion to Amend
Petition for Attorney Fees [Doc. 31]. Judge Poplin also recommends the Court deny as moot
Plaintiff’s Second Motion to Amend Petition for Attorney Fees [Doc. 32]. None of the parties
has timely objected to the report and recommendation. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b).
Having reviewed the record, the Court agrees with Judge Poplin’s recommendation. The
Court therefore ACCEPTS IN WHOLE the report and recommendation under 28 U.S.C.
§ 636(b)(1) and Federal Rule of Civil Procedure 72(b). For the reasons in the report and
recommendation, which the Court adopts and incorporates into this Order, Plaintiff’s Petition
for Approval of § 406(b) Attorney Fees [Doc. 29] and Plaintiff’s Motion to Amend Petition for
Attorney Fees [Doc. 31] are GRANTED. It is therefore ORDERED that Plaintiff’s counsel
recover from Defendant Kilolo Kijakazi, Acting Commissioner of Social Security, the amount
of $32,126.15 in attorney’s fees, with the requirement that Plaintiff’s attorney must remit to

Case 3:17-cv-00469-JRG-DCP Document 44 Filed 02/24/22 Page 1 of 2 PageID #: 891

Plaintiff the amount of $7,000 in attorney’s fees previously received from Defendant. Plaintiff’s
Second Motion to Amend Petition for Attorney Fees [Doc. 32] is DENIED as moot.
So ordered.
ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT:
s/ LeAnna R. Wilson
District Court Clerk

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Case 3:17-cv-00469-JRG-DCP Document 44 Filed 02/24/22 Page 2 of 2 PageID #: 892