Conway

Conway v. Kijakazi

Good Law
United States District Court, Northern District of CaliforniaJuly 18, 20243:23-cv-00408California785 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 C.C., Case No. 23-cv-00408-LJC

Plaintiff,

ORDER REGARDING MOTION FOR

v. ATTORNEYS’ FEES

MARTIN O’MALLEY, Re: Dkt. No. 18 Defendant.

Plaintiff C.C. has filed a Motion seeking attorneys’ fees under the Equal Access to Justice Act (EAJA), which indicates that Defendant Martin O’Malley (the Secretary) does not oppose that request. ECF No. 18. The Secretary did not file either an opposition brief or a statement of non- opposition within fourteen days as required by this Court’s local rules. See Civ. L.R. 7-3(a) (setting a fourteen-day deadline for an opposition); Civ. L.R. 7-3(b) (“If the party against whom the motion is directed does not oppose the motion, that party must file with the Court a Statement of Nonopposition within the time for filing and serving any opposition.”). The Ninth Circuit has held that district courts are “required to independently review plaintiffs’ fee request even absent defense…

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