Opinion
6:23-cv-2067-RBD-LHP
07-10-2024
LUIS A. ROSADO PADILLA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF'S MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (Doc. No. 29)
FILED: July 3, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Plaintiff moves for an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Doc. No. 29. According to the Local Rule 3.01(g) certification, Plaintiff attempted to confer with the Commissioner, but did not receive a response. Id. at 21. However, Plaintiff has not supplemented the motion pursuant to Local Rule 3.01(g)(3). See Local Rule 3.01(g)(3) (providing that if the opposing party is unavailable for a conference prior to filing a motion, the movant must diligently attempt contact for three days, and upon contact or expiration of the three-day period, the movant must file a supplement to the motion, and that failure to supplement can result in the denial of a motion without prejudice). Accordingly, the above-styled motion (Doc. No. 29) is DENIED without prejudice. Plaintiff may file a renewed motion within seven (7) days of the date of this Order, in full compliance with the Local Rules.
DONE and ORDERED.