Marshall v. Colvin
Filing
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ORDER granting 33 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 4/8/2015. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SUSAN A. MARSHALL,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.
Civil No.
13-cv-1266-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees and
Expenses. (Doc. 33).
The parties have agreed that plaintiff is entitled to an award in the amount of
$11,000.00 for attorney’s fees and expenses.
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees and expenses pursuant to the Equal Access to Justice Act,
28 U.S.C. §2412(d)(1)(B). The Court further finds that the agreed upon amount is
reasonable and appropriate.
Defendant’s Agreed Motion (Doc. 33) is GRANTED.
The Court awards
plaintiff Susan A. Marshall the sum of $11,000.00 (eleven thousand dollars) for
attorney’s fees and expenses pursuant to the Equal Access to Justice Act. These
funds shall be payable to plaintiff, per Astrue v. Ratliff, 130 S.Ct. 2521 (2010).
However, in accordance with the parties’ agreement, any part of the award that is
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not subject to set-off to pay plaintiff’s pre-existing debt to the United States shall be
made payable to plaintiff’s attorney pursuant to the EAJA assignment previously
executed by plaintiff and her attorney.
IT IS SO ORDERED.
DATE:
April 8, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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