Kingsbury v. Astrue

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JEFFREY M. KINGSBURY,
Plaintiff,
v. Civil Action No. 11-1901
(JDB/JMF)
MICHAEL J. ASTRUE,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is [25] the report and recommendation of Magistrate Judge
Facciola relating to attorney's fees in this matter, which was docketed on October 10, 2012. The
time period for lodging objections to the report and recommendation set forth in Rule 72(b) of
the Federal Rules of Civil Procedure has elapsed, with no objections being filed. See Fed. R.
Civ. P. 72(b)(2). Having carefully reviewed the findings and conclusions contained in Magistrate
Judge Facciola's report and having considered the recommended disposition of each of the claims
therein, the Court will adopt in full the report and recommendation, as the findings and
conclusions of this Court.
Upon consideration of the report and recommendation, the absence of objections, and the
entire record herein, it is hereby
ORDERED that the report and recommendation is adopted by the Court; it is further
ORDERED that [20] plaintiff's motion for attorney's fees under § 2412(d)(1) of the
Equal Access to Justice Act is GRANTED in accordance with the Consent Order entered on this
date; it is further
ORDERED that consideration of [21] plaintiff's motion for attorney's fees under 42
U.S.C. § 406(b) is DEFERRED pending an award, if any, of Social Security benefits to plaintiff
on remand; it is further
ORDERED that within thirty (30) days of receiving a Notice of Award from the Social
Security Administration, plaintiff shall forward a copy of the Notice of Award to this Court and
counsel for defendant; and it is further
ORDERED that within sixty (60) days of receiving a Notice of Award, plaintiff shall file
a renewed motion for attorney's fees, not to exceed 25% of plaintiff's past due benefits.
SO ORDERED.
/s/ John D. Bates
JOHN D. BATES
United States District Judge
Dated: December 26, 2012