Gullidge

ORDER GRANTING PLAINTIFF’S MOTION FOR AN AWARD OF ATTORNEYS’ FEES

This matter came before the Court on Monday, August 6, 2007, at 10:00 a.m. on Plaintiffs motion for an award of attorneys’ fees. The motion is hereby GRANTED in the amount of 29,880.00.

In an ERISA action, under 29 U.S.C. § 1132 (g)(1), the district court may, in its discretion, award attorney’s fees to “either party.” Attorney’s fees are proper even when an action is settled by the parties. See Hewitt v. Helms, 482 U.S. 755, 761 , 107 S.Ct. 2672 , 96 L.Ed.2d 654 (1987). A plaintiff is deemed to have prevailed despite the absence of a formal judgment in her favor when she obtains the relief she sought by filing suit. See id. Here, because the settlement awarded Plaintiff precisely the relief she sought, namely, payment of back benefits and reinstatement to the plan, she may be deemed a prevailing beneficiary. The Ninth Circuit has held that a prevailing beneficiary should ordinarily be awarded attorney’s fees and costs “absent special circumstances cautioning against it.” Boston Mut. Ins. v. Murphree, 242 F.3d 899 , 904 (9th Cir.2001).

Given this preference and an absence of special circumstances cautioning…