Evans v. Astrue

Filing 25

ORDER granting 24 Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act. Attorney's fees in the amount of $5,000.00 are awarded to plaintiff. Denying as moot 23 Plaintiff's Opposed Motion for Attorney Fees Under EAJA, by Chief Judge Wiley Y. Daniel on 7/16/09.(gmssl, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00201-WYD TAMMY L. EVANS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. __________________________________________________________________ ORDER AWARDING ATTORNEY FEES __________________________________________________________________ THIS MATTER is before the Court in connection with the Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (filed July 15, 2009). Defendant moves therein for an order granting payment of attorney fees to Plaintiff in the amount of $5,000.00 under the Equal Access to Justice Act ("EAJA"), 42 U.S.C. § 2412(d). Defendant asserts that the parties have conferred and agreed that Plaintiff should be awarded those fees. Having reviewed the motion and being fully advised in the premises, I find that an award of fees under the Equal Access to Justice Act is proper and that the stipulated motion should be granted. Accordingly, it is ORDERED that the Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (Doc. # 24) is GRANTED. Attorney's fees in the amount of $5,000.00 are awarded to Plaintiff. It is

FURTHER ORDERED that in light of this ruling, Plaintiff's Opposed Motion for Attorney Fees under EAJA (Doc. # 23 filed June 29, 2009) is DENIED AS MOOT. Dated July 16, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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