Rivera v. Saul

WFRV REND BA VY NE EEN Bg AUhwN PHILIP H. SEELIG ATTORNEYS AT LAW TRIAL COUNSEL RICHARD B. SEELIG * 299 BROADWAY — SUITE 1600 MICHAEL BARASCH JOSHUA S. GOHARI ** NEW YORK, NEW YORK 10007 TEL: (212) 766-0600 FAX: (212) 766-2616 OF COUNSEL ASSOCIATE ATTORNEYS BERET L. FLOM GAIL I. BADER MATTHEW J. PORCARO **# * MEMBER NY & CT BAR ** MEMBER NY & NJ BAR MEMBER NY, MA & DCBAR Plaintiff's counsel may amend the 40¢ April 15, 2022 motion within 21 days of receiving a decision from the agency as to fees w 406(a). The pre-motion conference By ECF requirement is waived. For . administrative reasons only, I will de: Honorable Cathy Seibel the filed motion (ECF No. 24) withot United States Courthouse prejudice to renewal, but it will be Southern District of New York deemed filed and pending as of today Quarropas Street Once counsel has a decision from the White Plains. NY 10601 agency, counsel can file amended mo ° papers if there are withheld fees remaining. And if there are not, noth further needs to be done.

20-ev-7215 (CS) (JCM) S80 ORDERED.

Dear Judge Seibel: ae / CATHY S¥IBEL, U.S.D.J.

Our office represents the Plaintiff in this matter. At this time, we are moving for an award of attorney’s fees under 42 U.S.C. § 406(b). We write to explain that we have not requested a pre- motion conference because of the strict 14-day deadline for these motions. See Sinkler v. Berryhill, 932 F.3d 83, 89 (2d Cir. 2019). We believe that we could be prejudiced from receiving our fee award if we do not meet this motion deadline.

We also note that the Second Circuit has specifically commented that the Court may extend the filing deadline. See Sinkler v. Berryhill, 932 F.3d 83, 89 (2d Cir. 2019) (“[D]istrict courts are empowered to enlarge that filing period where circumstances warrant.”). The circumstances in this case are that the 406(a) fee award may not leave any withheld fees remaining for any 406(b) award. Accordingly, we respectfully request that the Court extend our time to re-file, amend, or request a pre-motion conference for the 406(b) motion to a later date.

Thank you for your consideration of this request.

Respectfully submitted, Seelig Law Offices, LLC By: /s/ Richard Seelig Richard B. Seelig, Esq. ce: Special Assistant United States Attorney Andreea Lechleitner By Email: [email protected]