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S.D.N.Y.Procedural orderFiled Apr. 9, 2021

Zeller v. Commissioner of Social Security

Judge
Analisa Torres
Docket
1:18-cv-12316
Court
U.S. District Court · Southern District of New York
Pages
1
Fee PetitionCivil Procedure
In one sentence

In Zeller v. Commissioner of Social Security, Judge Torres adopted the recommendation and granted Zeller $13,338.06 in attorney’s fees and expenses.

Who this affects

Yole Zeller receives $13,338.06 in attorney’s fees and expenses, and the Commissioner of Social Security must pay that amount.

What happened

Yole Zeller v. Commissioner of Social Security involved Zeller’s request for attorney’s fees. The opinion does not describe the underlying Social Security dispute or explain the legal basis for the fee request.

Because neither side objected, the court reviewed Magistrate Judge Sarah Netburn’s Report and Recommendation for clear error, meaning an obvious mistake. The court found no clear error and adopted the recommendation in full.

Judge Analisa Torres granted Zeller’s motion for attorney’s fees and ordered the Commissioner of Social Security to pay $13,338.06 in fees and expenses. The court also directed the Clerk to terminate the fee motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Zeller v. Commissioner of Social Security · No. 1:18-cv-12316
Judge
Analisa Torres
Date
Apr. 9, 2021

Background

Yole Zeller moved for an award of attorney’s fees. The opinion does not state the underlying Social Security claim’s facts, the statutory basis for the fee request, or the amount requested before the ruling.

Report and Recommendation

Magistrate Judge Sarah Netburn issued a Report and Recommendation. Neither party filed objections. District Judge Analisa Torres therefore reviewed the recommendation for clear error, which means an obvious mistake apparent from the record. The court found no clear error and adopted the Report and Recommendation in its entirety.

Ruling

The court granted Zeller’s motion for attorney’s fees. It ordered the Commissioner of Social Security to pay Zeller $13,338.06 in fees and expenses. The Clerk of Court was directed to terminate the motion listed at ECF No. 21.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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