Gondola v. Colvin

Full title: NIKI CATRINA GONDOLA, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of…

Court: United States District Court, Southern District of New York

Date published: Jul 2, 2021

18 Civ. 3173 (VEC/BCM) (S.D.N.Y. Jul. 2, 2021)

Opinion

18 Civ. 3173 (VEC/BCM)

07-02-2021

NIKI CATRINA GONDOLA, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.

VALERIE E. CAPRONI UNITED STATES DISTRICT JUDGE.

ORDER

VALERIE E. CAPRONI UNITED STATES DISTRICT JUDGE.

The Court having considered Plaintiff's Motion for an allowance of attorneys fees under 42USC § 406(b), hereby finds that:

1. Plaintiff was represented by Irwin Portnoy of the firm of McAdam & Fallon, P.C.

2. Plaintiff, in an agreement, engaged the firm of McAdam & Fallon, P.C. to pursue a civil action herein, to review an adverse decision by Defendant.

3. In said agreement Plaintiff agreed to pay her attorney 25% of her retroactive benefit contingent on success.

4. This Court issued an order and Judgment remanding the within action for further administrative proceedings under sentence four, 42 U.S.C.§ 405(g).

5. The administrative proceedings were completed, and resulted in an award of disability benefits to Plaintiff.

6. There is no reason to deduct from the fee that Plaintiff's attorney seeks by reason of any delay on his part, (a) or evidence of fraud, or overreaching by Plaintiff's attorney; (b) the results he achieved in this action achieved the object of the bargain made between the Plaintiff and her attorney, or (c) the character of his representation in this action.

7. The fee Plaintiff's attorney has applied for is reasonable under all the circumstances.

8. The Court gave Defendant until June 25, 2021 to respond in opposition to Plaintiffs motion for attorney's fees. See Order, Dkt. 48. The Court forewarned Defendant that the Court would treat Plaintiffs motion as unopposed if Defendant failed to respond by the deadline. Defendant did not respond to the Court's order. Accordingly, the Court treats Plaintiffs motion as unopposed.

NOW, THERE FORE, IT HEREBY IS ORDERED THAT

Plaintiffs attorney be paid the sum of $21, 190.38 and shall refund to Plaintiff, the moneys received pursuant to an award of attorneys fees under 28 U.S.C.§ 2412.

The Clerk of Court is respectfully directed to close the open motions at docket entries 42, 45, and 46.