Peters v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/11/10. Defendant shall submit evidence supporting CPI-U and hourly rate calculations set forth in Defendant's brief, including the applicable average CPI-U for 2009, 2010 and March 1996. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LATOYA N. PETERS O/B/O, MINOR CHILD, K.R., Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / Plaintiff's motion for an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1) is pending before the court. Defendant contends after applying the CPI-U applicable to the area in which plaintiff's counsel performed the services would result in an hourly fee of $178.04. See Sorenson v. Mink, 239 F.3d 1140, 114849 (9th Cir. 2001). Defendant did not, however, submit any evidence supporting this contention. Accordingly, within seven days from the date of this order, defendant shall submit evidence supporting the CPI-U and hourly rate calculations set forth in defendant's brief, including the applicable average CPI-U for 2009, 2010 and March 1996. DATED: June 11, 2010.
006/peters.fb

No. CIV S-09-1891 KJM

ORDER

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