PRETTO v. ASTRUE
Plaintiff: TEBRA PRETTO
Defendant: MICHAEL J ASTRUE
Case Number: 3:2008cv00397
Filed: September 10, 2008
Court: US District Court for the Northern District of Florida
Office: Social Security: SSID Tit. XIV Office
County: Escambia
Presiding Judge: LACEY A COLLIER
Presiding Judge: ELIZABETH M TIMOTHY
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 42:405 Review of HHS Decision (SSID)
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Date Filed Document Text
February 4, 2011 Opinion or Order Filing 36 ORDER ON REPORT AND RECOMMENDATION - 1. The magistrate judge's Report and Recommendation (doc. 35 ) is adopted and incorporated by reference in this order. 2. The Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) ( Doc. 32 ) is GRANTED. 3. Plaintiffs counsel, John M. Pennington, is awarded attorney's fees in the amount of $16,407.00, to be paid out of the sums withheld by the Commissioner from Plaintiffs past due benefits. 4. Upon receipt of attorne y's fees in the amount of $16,407.00 pursuant to 42 U.S.C. § 406(b), Plaintiffs counsel, John M. Pennington, shall immediately refund to Plaintiff the previously awarded EAJA fee in the amount of $2,521.73. Signed by SENIOR JUDGE LACEY A COLLIER on 2/4/2011. (djb)
October 14, 2009 Opinion or Order Filing 31 ORDER ADOPTING the 30 Report and Recommendation. Plaintiff's 28 Motion for Attorney Fees is GRANTED (see order). Signed by SENIOR JUDGE LACEY A COLLIER on 10/14/2009. (djb)
September 10, 2009 Opinion or Order Filing 30 REPORT AND RECOMMENDATION that Plaintiff's Motion for Attorney Fees and Costs Under the Equal Access to Justice Act 28 be GRANTED as follows: Plaintiff's counsel, John M. Pennington, Esquire, is entitled to recover fees in the amount of $2,521.73, for representing Plaintiff before the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. § 2412 (EAJA); the amount of attorney fees and hourly rates requested under the EAJA are reasonable; and the Commissioner is directed to pay counsel that amount. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 9/10/09. Internal deadline for referral to district judge if objections are not filed earlier: 10/8/2009. (lcu)
August 5, 2009 Opinion or Order Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATION. Defendant's Motion to Remand 21 is GRANTED, and the Commissioner's decision denying benefits are REVERSED. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff's case is to be assigned to a new ALJ upon remand. That ALJ who presided over Plaintiff's administrative hearing will be provided with a copy of the Report and Recommendation 23 , as was done in Case Number 3:07cv509/RV/EMT. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation. Signed by SENIOR JUDGE LACEY A COLLIER on 8/5/2009. (djb)
July 2, 2009 Opinion or Order Filing 23 REPORT AND RECOMMENDATION: That Defendant's Motion to Remand 21 be GRANTED, and the Commissioner's decision denying benefits be REVERSED. That this case be REMANDED to the Commissioner of Social Security pursuant to se ntence four of 42 U.S.C. § 405(g). That Plaintiff's case be assigned to a new ALJ upon remand, and that the ALJ who presided over Plaintiff's administrative hearing be provided with a copy of this Report and Recommendation, as was don e in Case Number 3:07cv509/RV/EMT. That Defendant be ordered to conduct proceedings in accordance with this Report and Recommendation. That the clerk be directed to enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and administratively close this file. R&R flag set. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 7/2/09. Internal deadline for referral to district judge if objections are not filed earlier: 7/30/2009. (lcu)
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Plaintiff: TEBRA PRETTO
Represented By: JOHN M PENNINGTON
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Defendant: MICHAEL J ASTRUE
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