Waggener v. Astrue

Filing 25

ORDER granting 24 Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Acces to Justice Act. Plaintiff is awarded attorney fees in the amount of $7,000.00. Payment shall be made to plaintiff in care of plaintiff's attorney. Denying as moot 23 Plaintiff's Opposed Motion for Attorney Fees, by Judge Robert E. Blackburn on 10/20/09.(gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 08-cv-00715-REB KEVIN J. WAGGENER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER GRANTING MOTION FOR ORDER APPROVING STIPULATION OF AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT Blackburn, J. The matter before me is the parties' Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act [#24] filed October 19, 2009. After careful review of the motion and the file, I conclude that the motion should be granted and that plaintiff should be awarded attorney fees in the amount of $7,000.00 under the Equal Access to Justice Act, 28 U.S.C. 2412(d). THEREFORE, IT IS ORDERED as follows: 1. That the Motion for Order Approving Stipulation of Award of Attorney Fees Under the Equal Access to Justice Act [#24] filed October 19, 2009, is GRANTED; 2. That plaintiff is AWARDED attorney fees in the amount of seven thousand dollars ($7,000.00) pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d); 3. That payment shall be made to plaintiff in care of plaintiff's attorney; and 4. That plaintiff's Opposed Motion for Attorney Fees Under EAJA [#23] filed October 14, 2009, is DENIED AS MOOT. Dated October 20, 2009, at Denver, Colorado. BY THE COURT: 2

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