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