Finley v. Commissioner of Social Security

Filing 21

ORDER AWARDING ATTORNEY'S FEES Pursuant to the Equal Access to Justice Act and DENYING the Request for Costs Without Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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WILLIAM JOSEPH FINLEY,

Case No.: 1:16-cv-0272 - JLT
ORDER AWARDING ATTORNEY’S FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT AND DENYING THE REQUEST
FOR COSTS WITHOUT PREJUDICE

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On February 20, 2017, the parties stipulated for the award and payment of attorney’s fees

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pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $6,000. (Doc. 20)

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With the stipulation, Plaintiff also “requests that the Court find… the Commissioner’s position was not

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substantially justified, and award $6,000 in attorney fees under 28 U.S.C. § 2412(d) and $400 as the

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Plaintiff’s filing fee as costs under 28 U.S.C. § 2412(a).” (Id. at 1)
Significantly, it does not appear that the parties stipulate to the $400 award of costs under the

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Equal Access to Justice Act. Plaintiff offers no argument as to why the Court should find the

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Commissioner’s position was not substantially justified, and the Court declines to grant the request for

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costs without briefing from the parties regarding the issue.

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Accordingly, the Court ORDERS:

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1.

Subject to the terms of the parties’ stipulation, fees in the total amount of $6,000.00 are
AWARDED to Plaintiff, William Finley;

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2.

Plaintiff’s request for costs in the amount of $400.00 is DENIED without prejudice; and

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3.

Any motion to for costs under the Equal Access to Justice Act SHALL be filed within
fourteen days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

February 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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