(SS) Slade v. Commissioner of Social Security, No. 1:2012cv01253 - Document 33 (E.D. Cal. 2014)
Court Description: ORDER GRANTING 30 Motion for Attorney Fees, in the modified amount of $7,243.95 and ADOPTING 32 FINDINGS AND RECOMMENDATIONS, signed by District Judge Lawrence J. O'Neill on 02/28/2014. (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHERRY SLADE, 12 13 14 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-01253 - LJO - JLT ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT Sengthiene Bosavanh, attorney for Plaintiff Sherry Slade, seeks an award for attorney’s fees 18 and expenses pursuant to the Equal Access for Justice Act under 28 U.S.C. § 2412(d). (Doc. 30.) On 19 February 13, 2014, the Magistrate Judge found the Commissioner’s position was not substantially 20 justified and Plaintiff was entitled to an award of fees. (Doc. 32.) However, the Magistrate Judge found 21 the total time expended by Ms. Bosavanh was not reasonable given the routine and duplicative nature 22 of many tasks, and recommended the fee award be reduced to $7,243.95. (Id. at 12.) Further, because 23 Ms. Bosavanh failed to present any evidence of expenses, the Magistrate Judge recommended that 24 Plaintiff’s request for costs be denied. (Id.) 25 The parties were granted fourteen days from the date of service, or until February 27, 2014 to 26 file objections to the Findings and Recommendations. (Doc. 32 at 12.) In addition, the parties were 27 “advised that failure to file objections within the specified time may waive the right to appeal the 28 District Court’s order.” (Id. at 12-13, citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)). However, 1 1 no objections were filed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. 2 Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo 3 review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and 4 Recommendations are supported by the record and by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED: 6 1. The Findings and Recommendations filed February 13, 2014 (Doc. 32) are ADOPTED IN FULL; 7 8 2. The request for costs in the amount of $493.50 is DENIED; 9 2. Plaintiff’s request for attorney’s fees (Doc. 30) is GRANTED in the modified amount of $7,243.95; and 10 11 4. This amount SHALL be paid to Plaintiff Sherry Slade. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill February 28, 2014 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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