Kearney v. Saul
- Jesse Furman
- 1:20-cv-05439
- U.S. District Court · Southern District of New York
- 2
In Kearney v. Saul, Judge Furman adopted a recommendation granting Kearney’s timely, reasonable attorneys’ fees motion after no objections.
Seronia Stefanie Kearney and Andrew M. Saul, Commissioner of Social Security; the order concerns Kearney’s motion for attorneys’ fees.
What happened
Kearney v. Saul concerned a motion for attorneys’ fees filed by Seronia Stefanie Kearney. The motion was referred to Magistrate Judge Parker, who recommended granting it.
The parties had fourteen days to object to the recommendation, but neither party objected or requested more time. The court therefore found that they had waived their right to object and to seek appellate review.
Judge Jesse M. Furman reviewed the recommendation and found it well reasoned and supported by the facts and law. He adopted it in its entirety, including the findings that the motion was timely and the fees were reasonable, and directed the clerk to terminate two docket entries.
The detailed version
- Kearney v. Saul · No. 1:20-cv-05439
- Jesse Furman
- July 20, 2023
Background
Seronia Stefanie Kearney filed a motion for attorneys’ fees. The motion was referred to Magistrate Judge Parker for a Report and Recommendation. On July 5, 2023, Judge Parker recommended that the motion be granted.
Review of the Recommendation
The district court explained that it may accept, reject, or modify a magistrate judge’s findings or recommendations. When a party properly objects, the district court must independently review the challenged portion. When no timely objection is made, the district court reviews the record for clear error, meaning an obvious mistake.
The Report and Recommendation gave the parties fourteen days from service to object and warned that failing to object would waive the right to object. No objections or requests for more time had been filed by the date of the order. The court therefore held that the parties had waived their right to object to the recommendation and to obtain appellate review.
Ruling
Despite the waiver, Judge Jesse M. Furman reviewed the petition and the Report and Recommendation. He found the recommendation well reasoned and grounded in fact and law, including its findings that the motion was timely and that the requested fees were reasonable. The court adopted the Report and Recommendation in its entirety, which recommended granting the motion for attorneys’ fees. The clerk was directed to terminate Docket Nos. 26 and 32.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.