Denver v. Kijakazi, Acting Commissioner of the Social Security Administration
- Jesse Furman
- 1:22-cv-05103
- U.S. District Court · Southern District of New York
- 2
In Paul Denver v. Martin O’Malley, Judge Furman adopted a recommendation granting an attorneys’ fee motion and requiring counsel to remit $6,500.
Paul Denver and his counsel, concerning the attorneys’ fee award and the requirement that counsel remit $6,500 to Denver.
What happened
In Paul Denver v. Martin O’Malley, the court reviewed a magistrate judge’s recommendation about a motion for attorneys’ fees. The recommendation said the motion should be granted, but that Denver’s lawyer must give Denver the $6,500 fee previously awarded under the Equal Access to Justice Act.
Neither side objected to the recommendation or requested more time to do so. The court therefore found that the parties had waived their rights to object and to obtain appellate review of the recommendation.
Judge Jesse M. Furman independently reviewed the recommendation and found it well reasoned and supported by the facts and law. He adopted it in full and directed the clerk to terminate the motion docket entry.
The detailed version
- Denver v. Kijakazi, Acting Commissioner of the Social Security Administration · No. 1:22-cv-05103
- Jesse Furman
- Oct. 1, 2024
Background
The court considered a motion for attorneys’ fees that had been referred to Magistrate Judge Gorenstein. In a September 16, 2024 Report and Recommendation, Magistrate Judge Gorenstein recommended granting the motion, while requiring Denver’s counsel to remit to Denver the $6,500 fee that the court had awarded on May 9, 2023, under the Equal Access to Justice Act, 28 U.S.C. § 2412.
Review of the Recommendation
The Report and Recommendation gave the parties 14 days to file objections and warned that failing to object on time would waive the right to object. No objections were filed, and neither party requested an extension. The court concluded that the parties had waived their rights to object to the recommendation and to obtain appellate review.
Even so, the court reviewed the recommendation and found it well reasoned and grounded in fact and law. The court adopted the Report and Recommendation in its entirety.
Disposition
The court adopted the recommendation granting the attorneys’ fee motion and requiring Denver’s counsel to remit $6,500 to Denver. The clerk was directed to terminate Docket No. 25.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.