(SS) Pendergast v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20201:16-cv-00748California1,863 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARY PAUL PENDERGAST, Case No. 1:16-cv-00748-SAB

Plaintiff, ORDER GRANTING PETITIONER’S

UNOPPOSED MOTION FOR ATTORNEY

v. FEES PURSUANT TO 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL (ECF No. 27)

SECURITY,

15 Defendant. 16 17 Petitioner Cyrus Safa (“Counsel” or “Petitioner”), attorney for Gary Paul Pendergast (“Plaintiff”), filed the instant motion for attorney fees on April 6, 2020. (Counsel’s Mot. Att’y Fees (“Mot.”), ECF No. 27.) Counsel requests fees in the net amount of $9,900.00 pursuant to 42 U.S.C. § 406(b)(1). Plaintiff was served with the motion and advised that any opposition to the motion was to be filed within fourteen days. (Mot. 2, 13.) Plaintiff did not file an opposition to the request. While the Commissioner of Social Security (“Defendant”) typically files a statement of non-opposition in the role of a trustee for the Plaintiff, Defendant did not file any statement in response to the motion for attorney fees. For the reasons …

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