Gunn

ORDER GRANTING MOTION FOR ATTORNEY FEES

This matter is before the Court on Plaintiffs Motion for Attorney Fees (docket # 63). The Court has read and considered the moving, opposition, and reply documents submitted in connection with this Motion. The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for January 9, 2006, is removed from the Court’s calendar.

In an order dated October 31, 2005, the Court, on administrative review, found that Plaintiff was entitled to benefits under the relevant ERISA plan after Defendant had terminated his benefits. Plaintiff now seeks an award of attorney fees.

In an ERISA action to recover unpaid disability benefits, “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” 29 U.S.C. § 1132 (g)(1). Where a beneficiary prevails in an ERISA suit for benefits, he “should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Smith v. CMTA-IAM Pension Trust, 746 F.2d 587, 589 (9th Cir.1984) (internal quotations omitted). “As a general rule, ERISA employee plaintiffs…