Thomas A Michalski v. Carolyn Colvin

Filing 28

ORDER by Judge Edward M. Chen Granting 24 Plaintiff's Counsel's Petition for Approval of Attorney Fees. (emcsec, COURT STAFF) (Filed on 10/24/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS A. MICHALSKI, Plaintiff, 8 9 10 v. CAROLYN COLVIN, Defendant. ORDER GRANTING PLAINTIFF’S COUNSEL’S PETITION FOR APPROVAL OF ATTORNEY FEES, 42 U.S.C. § 406(B) Docket No. 24 12 For the Northern District of California United States District Court 11 Case No. 15-cv-04483-EMC 13 The Court has reviewed Ms. Trompeter’s fee motion and the government’s response 14 thereto. The Court finds that the fee request is reasonable. The Court does not find that Ms. 15 Trompeter engaged in any unnecessary delay. Also, the Court heavily takes into account that Ms. 16 Trompeter is foregoing any fees incurred at the agency level on remand after the summary 17 judgment order issued. Given the additional time spent by Ms. Trompeter on remand, it is likely 18 that the effective hourly rate being sought here is comparable to the effective hourly rate awarded 19 by Judge Seeborg in Slotnick v. Colvin, No. C-13-2283 RS (Docket No. 26) (order, filed on 20 August 5, 2016). The Court notes, however, that it does not agree with Ms. Trompeter’s position 21 that an effective hourly rate should be calculated after deducting any EAJA award. See Stewart v. 22 Astrue, No. C 05-2317 PVT, 2010 U.S. Dist. LEXIS 35936, at *3 (N.D. Cal. Mar. 15, 2010) 23 (“Plaintiff’s counsel’s suggestion that the court should base its reasonableness determination on 24 just $ 11,765.89 of the award [i.e., taking out the EAJA award] ignores the reality of how much 25 money he will actually have received for the court case.”). In any event, given Ms. Trompeter’s 26 representation that she will not seek additional fees incurred at the agency level, the 25% 27 contingency is reasonable. 28 1 Accordingly, the fee motion is hereby GRANTED. Ms. Trompeter is awarded $36,248.25 2 in fees. Ms. Trompeter shall promptly refund the portion of the EAJA award attributable to 3 attorney’s fees to Mr. Michalski. 4 This order disposes of Docket No. 24. 5 6 IT IS SO ORDERED. 7 8 9 10 Dated: October 24, 2017 ______________________________________ EDWARD M. CHEN United States District Judge 12 For the Northern District of California United States District Court 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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