Holt v. Colvin

Filing 24

ORDER STRIKING 19 PLAINTIFF'S MOTION FOR ATTORNEY FEES signed by Hon. James P. Donohue. Plaintiff is directed to RE-FILE and RE-NOTE the motion, and all supporting documents, including a proposed order. (KMP)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 TONY HOLT, Plaintiff, 10 11 12 13 Case No. C16-1406-JPD ORDER STRIKING PLAINTIFF’S MOTION FOR ATTORNEY FEES v. NANCY A BERYHILL, Acting Commission of Social Security, Defendant. 14 15 16 This matter comes before the Court on the plaintiff’s June 23, 2017 motion for attorney 17 fees and supporting documents, which fail to comply with the rules of this district. Dkts. 19- 18 22. 19 Specifically, plaintiff failed to comply with the U.S. District Court’s Electronic Filing 20 Procedures for Civil and Criminal Cases (EFP) by not provide the assigned judge with a Word 21 or WordPerfect compatible version of the proposed order by e-mail. Upon the Court’s 22 discovery of this omission, the Clerk’s Office contacted plaintiff’s counsel and directed 23 counsel to provide a proposed order. On July 6, 2017, plaintiff’s counsel emailed a proposed 24 order to the assigned judge, but there is no indication that a copy was provided to defendant. 25 Additionally, the certificate of service affixed to the proposed order states: “the foregoing 26 Proposed Order for Attorney Fees was filed with the Clerk of the Court on July 6, 2017, using ORDER PAGE - 1 1 the CM/ECF system which will send notification of such filing to the following: Kerry Jane 2 Keefe, Assistant U.S. Attorney and Justin Martin, Office of the General Counsel.” However, 3 there is no docket entry confirming that this is true. 4 Accordingly, the Court ORDERS as follows: 5 (1) 6 7 8 9 10 The Clerk is directed to STRIKE plaintiff’s motion for attorney fees, Dkt. 19, due to plaintiff’s counsel’s failure to comply with the local rules of this district. (2) Plaintiff is directed to RE-FILE and RE-NOTE the motion, and all supporting documents, including a proposed order. (3) The Clerk is directed to send a copy of this Order to all counsel of record. DATED this 17th day of July, 2017. 11 A 12 JAMES P. DONOHUE Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER PAGE - 2

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