Sanchez v. Colvin

Filing 17

ORDER Granting 16 Motion for Order Approving Stipulation of Award of Attorney fees Under the Equal Access to Justice Act. Signed by Judge Robert E. Blackburn on 4/11/2016.(cmira)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02986-REB
JOSEPH GABRIEL SANCHEZ,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting 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 [#16],1 filed April 11,
2016. As indicated by the title of the document, the parties have reached agreement as
to the amount of attorney fees to be awarded to plaintiff2 under the EAJA. After due
consideration, I approve the proposed stipulation and award attorney fees in the amount
stipulated, payable to plaintiff. See Manning v. Astrue, 510 F.3d 1246, 1249-55 (10th
Cir. 2007), cert. denied, 129 S.Ct. 486 (2008).3
1

“[#16]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

Because the original claimant, Joseph Gabriel Sanchez, is deceased,“plaintiff” in this instance is
used in indicate Mr. Sanchez’s personal representative, his daughter, Marissa Sanchez. (See Order
Reversing Disability Decision and Remanding to Commissioner at 1 n.2 [#13], filed March 25, 2016.)
3

In Manning, the Tenth Circuit held the plain language, structure, and history of the EAJA
preclude an award of fees to anyone other than the prevailing party. Thus, even if plaintiff (either Mr.
Sanchez initially or his daughter subsequently) assigned the right to EAJA fees to the attorney, I cannot
direct the fee award be paid directly to anyone other than plaintiff.

THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Motion for Order Approving Stipulation of Award of
Attorney Fees Under the Equal Access to Justice Act [#16], filed April 11, 2016, is
approved; and
2. That pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A),
plaintiff is awarded attorney fees totaling $7,500.00.
Dated April 11, 2016, at Denver, Colorado.
BY THE COURT:
s/Robert E. Blackburn
Robert E. Blackburn
United States District Judge

2