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Moreno v. Commissioner of Social Security, 1:16-cv-1600-SAB. (2018)

Court: District Court, E.D. California Number: infdco20180516b53 Visitors: 6
Filed: May 15, 2018
Latest Update: May 15, 2018
Summary: ORDER REQUIRING DEFENDANT TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS WITHIN FIVE DAYS STANLEY A. BOONE , Magistrate Judge . On October 21, 2016, Plaintiff Liza Lucero Moreno ("Plaintiff") filed a complaint seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. Pursuant to the stipulation of t
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ORDER REQUIRING DEFENDANT TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS WITHIN FIVE DAYS

On October 21, 2016, Plaintiff Liza Lucero Moreno ("Plaintiff") filed a complaint seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. Pursuant to the stipulation of the parties, this action was remanded for further administrative proceedings on January 22, 2018. On April 20, 2018, Plaintiff filed a motion for attorney fees pursuant to the Equal Access to Justice Act and costs pursuant to 28 U.S.C. § 1920. Defendant has not filed a response to the motion.

The Local Rules of the Eastern District of California provide that a party having no opposition to the granting of a motion shall file a statement of non-opposition. L.R. 230(c). In this instance, Defendant has not filed an opposition or a statement of non-opposition to Plaintiff's motion for attorney fees and costs. The Court shall require Defendant to either file an opposition to the motion or a statement of non-opposition within five days from the date of entry of this order. If there is no opposition, the parties may stipulate to the award of attorney fees.

Based on the foregoing, IT IS HEREBY ORDERED that Defendant shall file an opposition or a statement of non-opposition to Plaintiff's motion for attorney fees within five (5) days of the date of entry of this order.

IT IS SO ORDERED.

Source:  Leagle

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