Mitsoff v. Commissioner of Social Security

Filing 20

ORDER STRIKING THE JOINT STIPULATION FOR AN EAJA FEES AND COSTS AWARD (DOC. 19 ) Stipulation filed by Commissioner of Social Security. Signed by Magistrate Judge Michael J Newman on 5/10/13. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID K. MITSOFF,

:

Case No. 3:12-cv-46

:

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Plaintiff,
vs.
COMMISSIONER OF
SOCIAL SECURITY,

:

Defendant.
:
______________________________________________________________________________
ORDER STRIKING THE JOINT STIPULATION
FOR AN EAJA FEES AND COSTS AWARD (DOC. 19)
____________________________________________________________________________
Now before the Court is a stipulation, filed jointly by Plaintiff’s counsel and the
Commissioner, for an EAJA fees and costs award. Doc. 19. Recognizing that the stipulation
does not provide the Court with the information needed to determine either the reasonableness of
the hours spent in this case or the appropriateness of the hourly fee sought, see 28 U.S.C. §
2412(d)(1)(B); Satterwhite v. Comm’r of Soc. Sec., No. 3:11-cv-99, 2012 U.S. Dist. LEXIS
133034, 2012 WL 4108102, (S.D. Ohio Sept. 18, 2012), adopted in 2012 U.S. Dist. LEXIS
147221, 2012 WL 4857782 (S.D. Ohio, Oct. 12, 2012), the stipulation (doc. 19) is hereby
STRICKEN.1 Plaintiff shall file a motion -- including such information -- within FOURTEEN
DAYS from the issuance of this Order (e.g., May 24, 2013).2
IT IS SO ORDERED.
May 10, 2013
1

s/ Michael J. Newman
United States Magistrate Judge

Even where there is no objection to the requested fee, the Court is required to conduct an analysis
concerning the reasonableness of the fee. See Comm’r, Immigration & Naturalization Servs. v. Jean, 496
U.S. 154, 161 (1990).
2
The Court recognizes that the petition for EAJA fees was filed as a joint stipulation. However, such a
petition is properly filed as an unopposed or a joint motion.