Estes v. Astrue

Filing 25

ORDER granting 23 Amended Motion for Award of Attorneys' Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff is AWARDED $6,500.00 in attorney fees. By Judge Robert E. Blackburn on 7/2/2013.(klyon, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-02478-REB
LACY A. ESTES,
Plaintiff,
v.
CAROLYN W. COLVIN,1 Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING PLAINTIFF’S AMENDED
MOTION FOR AWARD OF ATTORNEYS’ FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412
Blackburn, J.
The matter before me is plaintiff’s Amended Motion for Award of Attorneys’
Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [#23],2 filed
June 24, 2013. By her response, the Commissioner indicates that the parties have
agreed to an award of fees in the amount of $6,500.00. (See Defendant’s Response
to Plaintiff’s Motion For Attorney Fees [#24], filed July 1, 2013.) I therefore grant the
motion and award that amount of fees payable to plaintiff. See Manning v. Astrue, 510
F.3d 1246, 1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct. 486 (2008).

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013,
and thus her name is substituted for that of Michael J. Astrue as the defendant in this suit. FED. R. CIV. P.
25(d)(1). By virtue of the last sentence of 42 U.S.C. § 405(g), no further action need to taken to continue
this lawsuit.
2

“[#23]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That plaintiff’s Motion for Award of Attorneys’ Fees Pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412 [#23], filed June 24, 2013, is GRANTED; and
2. That plaintiff is AWARDED $6,500.00 in attorney fees pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A).
Dated July 2, 2013, at Denver, Colorado.
BY THE COURT: