Beck v. Astrue
ORDER granting 43 Second Motion for Attorney Fees. Signed by Judge Holly B. Fitzsimmons on 7/29/2013. (Garcia, M.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
COMMISSIONER OF SOCIAL
CIV. NO. 3:11CV01185 (JCH)
RULING ON SECOND MOTION FOR ATTORNEY’S FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT [Doc. #43]
On January 17, 2013, counsel for Joyce Beck moved this
Court under the Equal Access to Justice Act (“EAJA”), 24 U.S.C.
§ 2412(d), to award attorney’s fees in the amount of $9,054.51.
On March 26, 2013, the Court granted in part plaintiff’s motion
for attorney’s fees, awarding plaintiff $6,135.86 for work
performed in 2011, 2012 and 2013 [doc. #45].
During the time between filing the first motion for
attorney’s fees and the time that the Court ruled on that
motion, plaintiff filed a second motion for attorney’s fees,
seeking supplemental fees for additional work done in this case
in 2013. Plaintiff’s second motion [doc. #43] requests fees for
an additional 7.7 hours worked in 2013 in connection with the
original motion for attorney’s fees that was opposed by the
defendant.1 The defendant does not oppose the second motion for
Absent objection, the Court grants plaintiff’s second
motion for attorney’s fees, as to the supplement [doc. #43].
Previously, the Court set the hourly rate for work performed in
2013 at $189.23 [see doc. #45]. The Court awards plaintiff fees
for 7.7 hours of work, which totals $1,457.07.2
This is not a recommended ruling.
This is a ruling on
attorney’s fees and costs which is reviewable pursuant to the
"clearly erroneous" statutory standard of review.
28 U.S.C. '636
(b)(1)(A); Fed. R. Civ. P. 6(a), 6(e) and 72(a); and Rule 2 of
the Local Rules for United States Magistrate Judges.
it is an order of the Court unless reversed or modified by the
district judge upon motion timely made.
SO ORDERED at Bridgeport this 29th day of July 2013.
HOLLY B. FITZSIMMONS
UNITED STATES MAGISTRATE JUDGE
The Court notes that when it issued the ruling on the first motion for
attorney’s fees, it mistakenly terminated the second motion for attorney’s
fees. This caused the plaintiff to object. The second motion for attorney’s
fees has been reopened to allow the Court to issue this ruling.
Itemization of fees awarded:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?