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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AYDA MEISAMI, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 13 14 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 15 position was not “substantially justified” under 28 U.S.C. § 2412(d)(1)(A). It is the government’s 16 burden to show that its position was substantially justified, and it has failed to do so here, as it has 17 not filed an opposition to plaintiff’s motion for fees. 18 Plaintiff has submitted adequate proof in support of the fees and costs she seeks. The 19 Court consequently grants plaintiff’s motion and orders defendant to pay $18,332.00 in EAJA fees 20 and costs to plaintiff, Ayda Meisami, as soon as practicable. The government may make the 21 amount payable to plaintiff’s counsel instead, should it determine that it can properly do so under 22 the applicable rules and regulations. The Court does not set a time limit for the payment and 23 orders the government to make the payment as soon as practicable. Plaintiff may request the 24 Court’s further assistance in the event no payment has been made within 120 days. 25 26 IT IS SO ORDERED. Dated: May 26, 2017 27 28 JAMES DONATO United States District Judge

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