Summary
reducing Portnoy's fees by 30 percent based on the absence of complex legal or medical issues
Summary of this case from Martin v. Comm'r of Soc. Sec.Opinion
Case No. 06-CV-3386(KMK)(PED)
01-10-2014
ANTHONY SAVA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
KENNETH M. KARAS, District Judge:
Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) challenging the decision of the Commissioner of Social Security ("Commissioner") to deny Plaintiff's application for disability benefits. (See Dkt. No. 2.) Plaintiff then filed a motion for judgment on the pleadings, (see Dkt. No. 13), which Motion the Court granted, (see Dkt. No. 29). The Clerk of Court then entered a judgment remanding the case to the Commissioner for further proceedings and closing the case. (See Dkt. No. 30.)
Plaintiff thereafter moved for an award of attorney's fees in the amount of $15,546.04. (See Dkt. No. 38.) On December 10, 2013, Magistrate Judge Davison issued a Report and Recommendation ("R&R") recommending that this Court grant the motion in part and award attorney's fees in the amount of $10,882.86, payable to Plaintiff's counsel. (Dkt. No. 40 at 7.) The R&R also informed the Parties that, pursuant to 28 U.S.C. § 636(b)(1)(c) and Federal Rule of Civil Procedure 72(b), they would have fourteen days from the receipt of the R&R to file written objections. (See id. at 8.)
Now, approximately one month after the R&R was issued, neither Party has filed an objection. When no objections are filed, the Court reviews an R&R on a dispositive motion for clear error. See Andrews v. LeClaire, 709 F. Supp. 2d 269, 271 (S.D.N.Y. 2010); Eisenberg v. New Eng. Motor Freight, Inc., 564 F. Supp. 2d 224, 226 (S.D.N.Y. 2008). The Court has reviewed the R&R and the Petition, and finding no substantive error, clear or otherwise, adopts the R&R in its entirety. SO ORDERED. Dated: January 10, 2014
White Plains, New York
__________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE