Canterbury v. Commissioner of Social Security

Filing 31

ORDER granting 27 Motion for Attorney Fees; granting 30 motion to amend/correct order. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 6/22/2017. (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 Amended Motion for Award of Attorney’s
Fees and Costs/Expenses Pursuant to Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”)
(Doc. 27) and the parties’ Joint Motion for Relief from Order Under Fed. R. Civ. P. 60 (Doc. 30).
The parties request relief from the Court’s May 18, 2017 Order, awarding Plaintiff
$7,751.19 in attorney’s fees and costs under the EAJA (Doc. 26). (Docs. 27, 30). The Court’s
May 18, 2017 Order was based upon Plaintiff’s original motion for attorney’s fees and costs, filed
on May 3, 2017 (Doc. 22). In the original motion, Plaintiff mistakenly requested reimbursement
for 36.1 hours of work performed in 2016, instead of 33.8 hours. (Id.). After the parties recognized
the miscalculation, Plaintiff filed an amended motion, requesting reimbursement for 33.8 hours of
work performed in 2016, changing the award to $7,253.17 in attorney’s fees instead of $7,751.19.
(Doc. 27). In addition, a joint motion for relief from the Court’s May 18, 2017 Order was filed.
(Doc. 30).
Pursuant to Federal Rule of Civil Procedure 60, the court may relieve a party from an order
if it is based on a mistake. See Fed. R. Civ. P. 60(b)(1). Here, the Court’s May 18, 2017 Order
was based upon the miscalculation provided in Plaintiff’s original motion (Doc. 22). (Doc. 26).

Accordingly, after due consideration, it is ORDERED:
(1)

Plaintiff’s Amended Motion for Award of Attorney’s Fees and Costs/Expenses

Pursuant to Equal Access to Justice Act, 28 U.S.C. § 2412 (Doc. 27) and the parties Joint Motion
for Relief from Order Under Fed. R. Civ. P. 60 (Doc. 30) are GRANTED. Pursuant to the EAJA,
Plaintiff is awarded $7,253.17 in attorney’s fees, $40.00 incosts, and $13.91 in expenses. 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. 28, Ex. A) and pay the fees directly to Plaintiff’s counsel.
(2)

The Court’s May 18, 2017 Order (Doc. 26) is VACATED.

DONE AND ORDERED in Tampa, Florida, on this 22nd day of June, 2017.

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