Pereira v. Astrue

Pereira v. Astrue

Plaintiff:	Joseph Pereira
Defendant:	Michael Astrue
Case Number:	2:2009cv01024
Filed:	March 12, 2009
Court:	US District Court for the Eastern District of New York
Office:	Social Security: DIWC/DIWW Office
County:	Suffolk
Presiding Judge:	Denis R. Hurley
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	42:405 Review of HHS Decision (DIWC)

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Date Filed	Document Text
September 24, 2010	Filing 23 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations, 18 Motion for Attorney Fees filed by Joseph Pereira : Pursuant to 28 U.S.C. §636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report and Recommendation fo r clear error, and finding none, now concurs in both its reasoning and result. Accordingly, this Court adopts the September 9, 2010 Report and Recommendation of Judge Wall as if set forth herein. The Court therefore directs that Plaintiff file with in seven (7) days of the date hereof an affidavit recalculating in accordance with Judge Wall's Report and Recommendation the amounts due for 45.1 hours of work using separate rates for 2009 and 2010. Upon receipt of said affidavit and in the a bsence of any objection thereto by Defendant, which objection must be filed within five (5) days of the filing of the affidavit, an order setting forth the total amount recoverable under the Equal Access to Justice Act shall be entered. Ordered by Senior Judge Denis R. Hurley on 9/24/2010. (Gapinski, Michele)
May 25, 2010	Filing 16 ORDER granting 11 Motion to Remand ; granting in part and denying in part 12 Motion for Judgment on the Pleadings: For the reasons set forth in accompanying Memorandum & Order, the decision of the Commissioner is reversed and the matter is remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C. 405(g). The Clerk of Court is directed to close this case. Ordered by Senior Judge Denis R. Hurley on 5/25/2010.

Date Filed

Document Text

September 24, 2010

Filing 23 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations, 18 Motion for Attorney Fees filed by Joseph Pereira : Pursuant to 28 U.S.C. §636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report and Recommendation fo r clear error, and finding none, now concurs in both its reasoning and result. Accordingly, this Court adopts the September 9, 2010 Report and Recommendation of Judge Wall as if set forth herein. The Court therefore directs that Plaintiff file with in seven (7) days of the date hereof an affidavit recalculating in accordance with Judge Wall's Report and Recommendation the amounts due for 45.1 hours of work using separate rates for 2009 and 2010. Upon receipt of said affidavit and in the a bsence of any objection thereto by Defendant, which objection must be filed within five (5) days of the filing of the affidavit, an order setting forth the total amount recoverable under the Equal Access to Justice Act shall be entered. Ordered by Senior Judge Denis R. Hurley on 9/24/2010. (Gapinski, Michele)

May 25, 2010

Filing 16 ORDER granting 11 Motion to Remand ; granting in part and denying in part 12 Motion for Judgment on the Pleadings: For the reasons set forth in accompanying Memorandum & Order, the decision of the Commissioner is reversed and the matter is remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C. 405(g). The Clerk of Court is directed to close this case. Ordered by Senior Judge Denis R. Hurley on 5/25/2010.

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Plaintiff: Joseph Pereira
Represented By:	Jeffrey D. Delott
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Defendant: Michael Astrue
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