Thomas v. Commissioner of Social Security

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: monn nrc nanan KK DATE FILED:_12/19/2024 Michael Thomas, : Plaintiff, : : 23-cv-04642 (LJL) -v- : : ORDER Commissioner of Social Security, : Defendant. : wee KX LEWIS J. LIMAN, United States District Judge: Counsel for Plaintiff Michael Thomas moves for attorneys’ fees totaling $5,400 as compensation under the contingency fee agreement he entered into with the Plaintiff. Dkt. No. 15. On December 3, 2024, Magistrate Judge Gorenstein issued a Report and Recommendation recommending that the Court grant counsel’s motion for an award of $5,400 and to order the return to Plaintiff of the $1,445.40 counsel previously received pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Dkt. No. 20.

In reviewing a Magistrate Judge's Report and Recommendation, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Parties were given the opportunity to raise timely objections to the report and recommendation within fourteen days. /d. The Court reviews any portion of the report subject to an objection de novo. Fed. R. Civ. P. 72(b) Advisory Committee Notes; Colvin v. Berryhill, 734 F. App'x 756, 758 (2d Cir. 2018).

No party has objected to Magistrate Judge Gorenstein’s Report and Recommendation.

The Court accordingly adopts in its entirety the well-reasoned Report and Recommendation for the reasons stated by Judge Gorenstein therein, and grants counsel’s motion for an award of $5,400, and orders the return to Plaintiff of the $1,445.40 previously received by counsel pursuant to the EAJA.

The Clerk of Court is respectfully directed to close the case.

SO ORDERED. wnt Ren a.

Dated: December 19, 2024 □ New York, New York LEWIS J. LIMAN United States District Judge