GEORGE v. COLVIN, CIV-06-960-C. (2013)
Court: District Court, W.D. Oklahoma
Number: infdco20130731f04
Visitors: 10
Filed: Jul. 30, 2013
Latest Update: Jul. 30, 2013
Summary: MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. On April 8, 2013, Defendant issued a Notice of Award in Plaintiff's favor. Plaintiff now seeks to reopen the case pursuant to Fed. R. Civ. P. 60 so that he may timely file a request for attorney's fees pursuant to 42 U.S.C. 406(b). Plaintiff's request is in accordance with the procedure set forth by the Tenth Circuit in McGraw v. Barnhart , 450 F.3d 493 (10th Cir. 2006). Defendant recognizes she has no direct stake in the ei
Summary: MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. On April 8, 2013, Defendant issued a Notice of Award in Plaintiff's favor. Plaintiff now seeks to reopen the case pursuant to Fed. R. Civ. P. 60 so that he may timely file a request for attorney's fees pursuant to 42 U.S.C. 406(b). Plaintiff's request is in accordance with the procedure set forth by the Tenth Circuit in McGraw v. Barnhart , 450 F.3d 493 (10th Cir. 2006). Defendant recognizes she has no direct stake in the eit..
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MEMORANDUM OPINION AND ORDER
ROBIN J. CAUTHRON, District Judge.
On April 8, 2013, Defendant issued a Notice of Award in Plaintiff's favor. Plaintiff now seeks to reopen the case pursuant to Fed. R. Civ. P. 60 so that he may timely file a request for attorney's fees pursuant to 42 U.S.C. § 406(b). Plaintiff's request is in accordance with the procedure set forth by the Tenth Circuit in McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006). Defendant recognizes she has no direct stake in the either this motion or any attorney fee award under § 406(b), but asks the Court to carefully consider whether the present motion is timely. While Plaintiff's counsel could likely have filed the request earlier, the delay from the May 10, 2013, receipt of the Notice of Award until the filing of this request is not so great as to deny the requested extension.
For the reasons set forth herein, Plaintiff's Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) (Dkt. No. 50) is GRANTED.
IT IS SO ORDERED.
Source: Leagle
