Walters v. Colvin

Filing 25

ORDER by Judge Edward M. Chen Granting 21 Motion for Attorney's Fees. (emcsec, COURT STAFF) (Filed on 7/26/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN F. WALTERS,
Plaintiff,

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ORDER GRANTING MOTION FOR
ATTORNEY’S FEES

v.

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NANCY A. BERRYHILL,

Docket No. 21

Defendant.

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United States District Court
Northern District of California

Case No. 15-cv-01967-EMC

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The Court has reviewed Mr. LaPorte’s fee motion and the government’s response thereto,

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as well as a declaration from Mr. Laporte’s client, Mr. Walters, supporting the fee motion. The

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Court finds that the fee request is reasonable. There is no indication that Mr. LaPorte engaged in

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any unnecessary delay. Also, the effective hourly rate of $393 (i.e., $15,134.71 ÷ 38.5 hours) is

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less than Mr. LaPorte’s asserted $450 noncontingent rate. Finally, the Court notes that the

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effective hourly rate is roughly comparable to that awarded to Mr. Laporte in another Social

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Security decision. See Speciale v. Berryhill, No. 16-cv-01659-BLF, 2019 U.S. Dist. LEXIS

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53327, at *5 (N.D. Cal. Mar. 28, 2019) (taking note that, “based on Counsel’s representation that

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he spent 32.5 hours on the case, a fee award in the amount requested would result in an effective

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hourly rate of approximately $335”).

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Accordingly, the fee motion is hereby GRANTED. Mr. LaPorte is awarded $15,134.71 in
fees. Mr. LaPorte shall promptly reimburse the EAJA award ($7,300) to Mr. Walters.
This order disposes of Docket No. 21.

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IT IS SO ORDERED.

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Dated: July 26, 2019

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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