Henderson v. Colvin

Filing 30

ORDER VACATING 8/4/16 hearing; ORDER requiring the Commissioner to file a surreply in response to additional 7.0 hours sought in Plaintiff's 29 Reply filed by Alzata Elaine Henderson. Surreply due by 8/5/2016. Signed by Judge Kandis A. Westmore on 7/29/2016. (kawlc1, COURT STAFF) (Filed on 7/29/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
ALZATA ELAINE HENDERSON,

7

Case No. 14-cv-02779-KAW

Plaintiff,
8

ORDER VACATING 8/4/16 HEARING;
ORDER REQUIRING DEFENDANT TO
FILE A SURREPLY

v.
9
CAROLYN W. COLVIN,

10

Defendant.

United States District Court
Northern District of California

11
Plaintiff’s motion for attorneys’ fees under the Equal Access to Justice Act (“EAJA”) is set

12
13

for hearing on August 4, 2016. For the first time in her reply, Plaintiff seeks 7.01 hours billed in

14

connection with the instant motion. (Pl.’s Reply, Dkt. No. 29 at 3-4.) While Plaintiff is entitled to

15

recover fees in connection with making a fees motion under the EAJA, the failure to include the

16

request in the initial moving papers deprived the Commissioner of the opportunity to argue for a

17

reduction. Accordingly, the August 4, 2016 hearing is VACATED, and Defendant is ordered to

18

file a surreply, within 7 days of this order, addressing only whether the 7.0 hours expended in

19

connection with the collection of EAJA fees is reasonable. Failure to timely file a surreply will be

20

treated as a non-opposition to this portion of the fee request.
Upon receipt of the surreply, the Court will determine whether a hearing is necessary or if

21
22

the matter is suitable for disposition without oral argument pursuant to Civil Local Rule 7-1(b).
IT IS SO ORDERED.

23
24

Dated: July 29, 2016
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

25
26
27
28

1

Plaintiff miscalculated the number of hours as 8.0. (Pl.’s Reply at 3.)