Mesisami v. Colvin
Order by Hon. James Donato granting 31 Motion for Attorney's Fees. (jdlc2S, COURT STAFF) (Filed on 5/26/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 15-cv-00276-JD
NANCY A. BERRYHILL,
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
position was not “substantially justified” under 28 U.S.C. § 2412(d)(1)(A). It is the government’s
burden to show that its position was substantially justified, and it has failed to do so here, as it has
not filed an opposition to plaintiff’s motion for fees.
Plaintiff has submitted adequate proof in support of the fees and costs she seeks. The
Court consequently grants plaintiff’s motion and orders defendant to pay $18,332.00 in EAJA fees
and costs to plaintiff, Ayda Meisami, as soon as practicable. The government may make the
amount payable to plaintiff’s counsel instead, should it determine that it can properly do so under
the applicable rules and regulations. The Court does not set a time limit for the payment and
orders the government to make the payment as soon as practicable. Plaintiff may request the
Court’s further assistance in the event no payment has been made within 120 days.
IT IS SO ORDERED.
Dated: May 26, 2017
United States District Judge
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