(SS) Myers v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELYSE MARIE MYERS, No. 2:17-cv-02582-KJN 12 Plaintiff, ORDER 13 v. 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Presently pending before the court is plaintiff’s counsel’s motion for attorneys’ fees, 18 brought pursuant to 42 U.S.C. § 406(b). (ECF No. 31.) On September 11, 2020, this court 19 ordered the Commissioner to file a response or statement of non-opposition and for plaintiff’s 20 counsel to attest that plaintiff was served with a copy of the motion for attorneys’ fees and this 21 court’s order. (ECF No. 32.) While the Commissioner filed a statement of non-opposition (ECF 22 No. 33), plaintiff’s counsel has not filed the ordered material. This court’s previous order 23 instructed counsel to serve plaintiff with the pending motion and this court’s order within five 24 days of its issuance, i.e., September 16, 2020, at which point the court would deem the matter 25 submitted on October 5, 2020. Counsel’s failure to file the required documents prevents this 26 court…