Cargill v. Commissioner of Social Security

Filing 33

ORDER AMENDING EAJA signed by Magistrate Judge Kendall J. Newman on 7/29/2019 ORDERING that the Court hereby corrects the award as follows: Plaintiff is awarded $19,370.44 in EAJA fees and expenses and $905.00 in costs (filing fees). (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVE W. CARGILL,

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Plaintiff,

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No. 2:16-cv-949-KJN

v.

ORDER AMENDING EAJA

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On July 9, 2019, the Court awarded Plaintiff $20,275.44 under the EAJA. (ECF No. 31.)

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Thereafter, Defendant moved to amend the award, requesting the Court differentiate between the

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grant of EAJA fees and expenses and the award of costs. See 28 U.S.C. § 2412(a)(1), (d)(1)(A).

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Defendant avers that “unlike expenses, costs are administered by the Department of Justice and

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are paid out of the Judgment Fund, not from the Commissioner’s funds.” (ECF No. 32.)

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Under Rule 60(a), the Court hereby corrects the award (ECF No. 31) as follows:

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1. Plaintiff is awarded $19,370.44 in EAJA fees and expenses;

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2. Plaintiff is awarded $905.00 in costs (filing fees).

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IT IS SO ORDERED.

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Dated: July 29, 2019

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carg.949

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