(SS) Em v. Commissioner of Social Security, No. 1:2010cv01414 - Document 31 (E.D. Cal. 2012)

Court Description: ORDER signed by District Judge Lawrence J. O'Neill on 5/10/2012 adopting 30 FINDINGS AND RECOMMENDATIONS and granting 27 Motion for Attorney Fees. (Lundstrom, T)

Download PDF
(SS) Em v. Commissioner of Social Security Doc. 31 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 SAVUTH EM, 9 10 11 12 13 14 15 ) ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) ) Defendant. ) ) _____________________________________ ) 1:10-cv-01414-LJO-SKO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF'S COUNSEL'S MOTION FOR ATTORNEY'S FEES PURSUANT TO 42 U.S.C. § 406(b) BE GRANTED (Docs. 27, 30) 16 17 On April 30, 2012, the Magistrate Judge issued Findings and Recommendations that 18 Plaintiff's counsel's motion for attorney's fees be granted. (Doc. 30.) These Findings and 19 Recommendations were served on all parties appearing in the action and contained notice that any 20 objections were to be filed within seven (7) days after service of the order. No objections were filed. 21 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 22 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 23 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. 26 27 28 The Findings and Recommendations issued on April 30, 2012, are ADOPTED IN FULL; and 2. Plaintiff's counsel's motion for an award of attorney's fees pursuant to 42 U.S.C. § 406(b) is GRANTED in the amount of $9,357.63; and Dockets.Justia.com 1 3. Plaintiff's counsel is ordered to refund to Plaintiff $3,476.34 of the Section 406(b) 2 fees awarded as an offset for EAJA fees previously awarded pursuant to 28 U.S.C. 3 § 2412(d). 4 5 6 IT IS SO ORDERED. Dated: 66h44d May 10, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.