Mesisami v. Colvin

Filing 33

Order by Hon. James Donato granting 31 Motion for Attorney's Fees. (jdlc2S, COURT STAFF) (Filed on 5/26/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AYDA MEISAMI,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-00276-JD

v.
NANCY A. BERRYHILL,
Defendant.

ORDER AWARDING ATTORNEY'S
FEES AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT
Re: Dkt. No. 31

In this social security appeal, plaintiff has requested an award of attorney’s fees and costs
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The request is granted.
Plaintiff is the “prevailing party” and she asserts that she is entitled to fees as defendant’s

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position was not “substantially justified” under 28 U.S.C. § 2412(d)(1)(A). It is the government’s

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burden to show that its position was substantially justified, and it has failed to do so here, as it has

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not filed an opposition to plaintiff’s motion for fees.

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Plaintiff has submitted adequate proof in support of the fees and costs she seeks. The

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Court consequently grants plaintiff’s motion and orders defendant to pay $18,332.00 in EAJA fees

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and costs to plaintiff, Ayda Meisami, as soon as practicable. The government may make the

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amount payable to plaintiff’s counsel instead, should it determine that it can properly do so under

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the applicable rules and regulations. The Court does not set a time limit for the payment and

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orders the government to make the payment as soon as practicable. Plaintiff may request the

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Court’s further assistance in the event no payment has been made within 120 days.

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IT IS SO ORDERED.
Dated: May 26, 2017

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JAMES DONATO
United States District Judge