Boone v. Department of the Navy

Filing 15

ORDER granting 13 motion for attorney's fees and costs; denying as moot 9 motion for attorney's fees and costs; and approving attorney's fees in the amount of $1,150.00. The Secretary of the Navy shall certify this award. Signed by Judge Kristine G. Baker on 1/27/2021. (jbh)

THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ERIC BOONE
v.

PLAINTIFF
Case No. 4:18-cv-00287-KGB

KENNETH J. BRAITHWAITE, Secretary of the Navy 1

DEFENDANT

ORDER
Before the Court is plaintiff Eric Boone’s renewed motion for attorney’s fees and costs
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Dkt. No. 13). The EAJA
authorizes the payment of attorney’s fees and expenses to a prevailing party that meets certain
financial eligibility requirements. See 28 U.S.C. § 2412(d)(1)(A). In the instant motion, Mr.
Boone asks the Court to award attorney’s fees in the amount of $1,150.00, representing 9.2 hours
of work at the rate of $125.00 per hour. Defendant Kenneth J. Braithwaite, Secretary of the Navy,
does not contest Mr. Boone’s motion (Dkt. No. 14, at 1).
For good cause shown, the Court grants Mr. Boone’s renewed motion for attorney’s fees
and costs pursuant to the EAJA (Dkt. No. 13) and denies as moot Mr. Boone’s original motion for
attorney’s fees and costs (Dkt. No. 9). The Court approves attorney’s fees in the amount of
$1,150.00. The fee award shall be made payable to Mr. Boone, in the care of and mailed to his
counsel of record, James W. Stanley, Jr., of the Stanley Law Firm P.A., but subject to any
applicable offsets for pre-existing debt Mr. Boone owes the government. See Astrue v. Ratliff, 560
U.S. 586, 589 (2010). The Secretary of the Navy shall certify this award.

1

Kenneth J. Braithwaite was sworn in as the 77th Secretary of the Navy on May 29, 2020.
Pursuant to Federal Rule of Civil Procedure 25(d), Mr. Braithwaite is automatically substituted as
a party.

It is so ordered this 27th day of January, 2021.

_________________________________
Kristine G. Baker
United States District Judge

2