Canterbury v. Commissioner of Social Security

Filing 26

ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 5/18/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MARTHA CANTERBURY,
Plaintiff,
v.

Case No. 8:15-cv-2683-T-AAS

NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Motion for Award of Attorney’s Fees and
Costs/Expenses Pursuant to Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 22).
Plaintiff seeks $7,697.28 in attorney’s fees, costs in the amount of $40.00, and expenses in the
amount of $13.91, pursuant to the EAJA.
The Court entered an Order reversing and remanding the case under sentence four of 42
U.S.C. § 405(g) to the Commissioner for further administrative proceedings. (Doc. 20). The Clerk
entered judgment in favor of Plaintiff thereafter. (Doc. 21). As the prevailing party, Plaintiff now
requests an award of fees, costs, and expenses. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A).
The Commissioner “does not challenge Plaintiff’s status as the prevailing party, the total
hours, or the hourly rate sought, nor does she argue her position was substantially justified.” (Doc.
25). The Commissioner objects because Plaintiff’s counsel failed to adequately confer, in good
faith, with the Commissioner as required by Local Rule 3.01(g), Middle District of Florida. (Id.).
The Middle District of Florida requires a moving party to confer with opposing counsel
before filing most civil motions. L.R. 3.01(g). In addition, parties are strongly encouraged to
speak in person or over the telephone about all issues presented before the motion is filed. See

Middle District Discovery (2015) at I.(A)(2) (“The term ‘confer’ in Rule 3.01(g) means a
substantive discussion.”). One-way communication, such as an e-mail containing an ultimatum or
simply submitting a proposed motion to counsel without further discussion, does not comport with
the requirements of Local Rule 3.01(g). See Greenwood v. Point Meadows Place Condo. Ass’n,
Inc., No. 3:10-CV-1183-J-34TEM, 2011 WL 5358682, at *2 (M.D. Fla. Nov. 7, 2011).
Here, Plaintiff’s counsel failed to comply with Local Rule 3.01(g). The Court will not
deny this petition on that grounds this time; however, Plaintiff is cautioned that future filings that
fail to comply with the Local Rules may be summarily denied.
Thus, Plaintiff is awarded $7,751.19 in attorney’s fees, costs, and expenses, pursuant to the
EAJA. After issuance of an order awarding EAJA fees, however, the United States Department
of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no
discernable federal debt, the government will accept Plaintiff’s assignment of EAJA fees (Doc.
22, Ex. A) and pay the fees directly to Plaintiff’s counsel.
For the reasons set out in Plaintiff’s motion, therefore, it is hereby ORDERED:
1.

Plaintiff’s Motion for Award of Attorney’s Fees and Costs/Expenses Pursuant to
Equal Access to Justice Act, 28 U.S.C. § 2412 (Doc. 22) is GRANTED.

2.

Plaintiff is awarded $7,751.19 in attorney’s fees, costs, and expenses, pursuant to
the EAJA.

DONE AND ORDERED in Tampa, Florida, on this 18th day of May, 2017.

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