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SORENSON v. MINK

Nos. 99-35709, 99-35722.

239 F.3d 1140 (2001)

Phillip D. SORENSON; Billy J. Oney; Patricia Foster; Paul Jacobs; Hien Thu Nguyen; Kathleen M. Bogan; Hoa Kim Ngu, on behalf of themselves and all others similarly situated; Roberta F. Olwell, Plaintiffs-Appellees-Cross-Appellants, v. Bob MINK, Acting Director of the Department of Human Services; Joil Southwell, Administrator of the Vocational Rehabilitation Division; Lloyd Horsley, Administrator of Disability Determination Services, Defendants, and Kenneth S. Apfel, Commissioner, U.S. Social Security Administration, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2001.

Attorney(s) appearing for the Case

Michael E. Robinson, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the defendant-appellant/cross-appellee.

N. Robert Stoll and Timothy S. DeJong, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, Oregon, for the plaintiffs-appellees/cross-appellants.

Before: CYNTHIA HOLCOMB HALL, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge:

After the parties settled this class action, the district court awarded Plaintiffs $989,431.08 in attorney fees, which was about $500,000 less than they had requested. The Commissioner of the United States Social Security Administration ("the federal Defendant") appeals, arguing that the fee award is too large; Plaintiffs cross-appeal, arguing that the fee award is too small. We hold that (1) the district court abused its discretion by failing...

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