(SS) Myers v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELYSE MARIE MYERS, No. 2:17-cv-02582-KJN Plaintiff, ORDER v. COMMISSIONER OF SOCIAL

SECURITY,

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