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Mott v. Colvin

United States District Court, W.D. Washington, Tacoma

March 21, 2014

JULIE A. MOTT, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER ON REPORT AND RECOMMENDATION ON PLAINTIFF'S APPLICATION FOR COSTS AND ATTORNEY'S FEES

ROBERT J. BRYAN, District Judge.

This matter comes before the Court on U.S. Magistrate Judge J. Richard Creatura's Report and Recommendation on Plaintiff's Application for Costs and Attorney's Fees (Dkt. 28), recommending that Plaintiff's Motion for Attorney's Fees, Costs, and Expenses Pursuant to 28 U.S.C. § 2412 (Dkt. 25) should be granted in part, denied in part. The Court has considered the relevant documents and the remainder of the file herein.

On March 16, 2014, Magistrate Judge Creatura issued a Report and Recommendation, recommending that Plaintiff's request for $350 in costs and $25.62 in expenses should be granted. Dkt. 28. Magistrate Judge Creatura found that those amounts in cost and expense were not objected to by Defendant. Dkt. 28. The Report and Recommendation also recommended an award of $3, 870.72 in attorney's fees (less than the amount requested), based upon evaluation of the factors outlined in Johnson v. Georgia Highway Exp., Inc., 488 F.2d 714, 717-19 (5th Cir. 1974) (abrogated on other grounds) and Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975). Dkt. 28.

The parties were given fourteen days to file objections. Dkt. 28 at 15. As of March 20, 2014, neither party filed objections.

The Court does hereby find and ORDER that:

1. The Report and Recommendation (Dkt. 28) is ADOPTED.
2. Plaintiff's Motion for Attorney's Fees and Expenses Pursuant to 28 U.S.C. §2412 (Dkt. 25) is GRANTED IN PART, DENIED IN PART as follows: Plaintiff shall be granted $350.00 in costs, $25.62 in expenses, and $3, 870.72 in attorney's fees.

The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address.


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