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Staib v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Feb 8, 2019
2:15-cv-06775 (ADS) (ARL) (E.D.N.Y. Feb. 8, 2019)

Opinion

2:15-cv-06775 (ADS) (ARL)

02-08-2019

CHRISTINA STAIB, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendants.

APPEARANCES: Jeffrey D. Delott, Esq. Counsel for the Plaintiff 366 North Broadway Suite 410k-3 Jericho, NY 11753 United States Attorneys Office Eastern District Of New York 271 Cadman Plaza East Brooklyn, NY 11201 By: Candace Scott Appleton, Esq., Assistant United States Attorney,


MEMORANDUM OF DECISION & ORDER

APPEARANCES: Jeffrey D. Delott, Esq.
Counsel for the Plaintiff
366 North Broadway Suite 410k-3
Jericho, NY 11753 United States Attorneys Office
Eastern District Of New York
271 Cadman Plaza East
Brooklyn, NY 11201

By: Candace Scott Appleton, Esq., Assistant United States Attorney, SPATT, District Judge:

On August 2, 2017, the Plaintiff filed a motion for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA").

On September 26, 2018, the Court referred the motion to United States Magistrate Judge Arlene R. Lindsay for a Report and Recommendation as to whether the motion should be granted, and if so, what the award should be.

On December 4, 2018, Judge Lindsay issued a Report and Recommendation ("R&R") that Plaintiff be awarded $9,660.00 in attorneys' fees and $623.72 in costs, for a total amount of $10,283.72. Judge Lindsay electronically served a copy of the R&R on the parties.

It has been more than fourteen days since the service of the R&R, and the parties have not filed objections.

As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error).

Accordingly, the R&R is adopted in its entirety. The Plaintiff is awarded attorneys' fees and costs in the amount explained in the R&R.

SO ORDERED.

Dated: Central Islip, New York

February 8, 2019

/s/ Arthur D. Spatt

ARTHUR D. SPATT

United States District Judge


Summaries of

Staib v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Feb 8, 2019
2:15-cv-06775 (ADS) (ARL) (E.D.N.Y. Feb. 8, 2019)
Case details for

Staib v. Berryhill

Case Details

Full title:CHRISTINA STAIB, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Feb 8, 2019

Citations

2:15-cv-06775 (ADS) (ARL) (E.D.N.Y. Feb. 8, 2019)