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Clark v. Barnhart

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 1, 2009

MARILYN S. CLARK, PLAINTIFF,
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, who is proceeding with retained counsel, brought this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Final judgment was entered on September 27, 2006. Pursuant to stipulation, the court awarded plaintiff's counsel EAJA fees in the amount of $2, 774.00 on November 16, 2006. Pending before the court is counsel's motion for under 42 U.S.C. § 406(b) for fees in the aggregate amount of $12,394.35 (Doc. 23). To assist the court in evaluation of the motion, the court directs defendant to file a response or statement of non-opposition to the motion. If defendant files a response, plaintiff's counsel may file a reply thereto.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendant shall file a response or statement of non-opposition to the pending motion for fees under § 406(b) within 20 days of the date of this order; and

2. If defendant files a response, plaintiff's counsel may file a reply within 10 days of service of defendant's response.

20091001

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