Oliva
Marlita O. v. Frank Bisignano, Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARLITA O., Case No.: 23-cv-572-KSC
Plaintiff,
ORDER DENYING WITHOUT
v. PREJUDICE COUNSEL’S MOTION
FOR ATTORNEY FEES PURSUANT
FRANK BISIGNANO, Commissioner of TO 42 U.S.C. 406(b) Social Security,1 15 Defendant.
Plaintiff’s counsel Steven G. Rosales filed a Motion for Attorney fees requesting “the Court for an order setting attorney fees pursuant to 42 U.S.C. § 406(b) in the amount of $33,753.80 . . . with a credit to plaintiff for the [Equal Access to Justice Act (“EAJA”)] fees previously paid in the amount of $5,858.00.” Dkt. No. 21 at 1. Neither plaintiff nor the Commissioner of Social Security filed an opposition to the Motion, and the time to do so has passed. Dkt. No. 23. For the reasons stated below, the Court DENIES the Motion without prejudice.
26 1 Frank Bisignano became the Commissioner of Social Security on May 6, 2025, and the Court, therefore, substitutes him as the defendant in this matter. See Fed. R.…