Sparks v. Social Security, Commisioner of
ORDER, the Court ORDERS Plaintiff to file a reply to Defendants response 25 on or before January 25, 2023. Signed by Magistrate Judge Debra C. Poplin on 1/18/23. (ADA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
WILLIAM W. SPARKS,
KILOLO KIJAKAZI, 1
Acting Commissioner of Social Security,
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), the Rules of this Court,
and the consent of the parties [Doc. 9]. The Court is in receipt of Plaintiff’s Motion for Attorney’s
Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc. 23], and Defendant’s
Response to Plaintiff’s Application for Attorney Fees Pursuant to the Equal Access to Justice Act
[Doc. 25]. Plaintiff has requested an award of fees under the Equal Access to Justice Act in the
amount of $3,480.00 and costs of $20.70 [Doc. 23-1 p. 3]. 2 In response, Defendant states that,
“[a]fter discussions with Plaintiff’s counsel, Plaintiff and Defendant have agreed to an award of
$3,440.30” [Doc. 25].
In light of the representations made by Defendant in its response, the Court ORDERS the
parties to confer and, if they agree to the reduced amount of $3,440.30, to file a joint stipulation
signed by both parties on or before January 25, 2023. In the event Plaintiff does not agree to the
Kilolo Kijakazi became the Acting Commissioner of the Social Security Administration
(“the SSA”) on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo
Kijakazi is substituted for Andrew Saul as the defendant in this suit. See 42 U.S.C. § 405(g).
In his motion, Plaintiff requests $3,480.00 in attorney’s fees [Doc. 23]. The accompanying
Attorney Affidavit, however, requests $3,480.00 in attorney’s fees and $20.70 in costs [Doc. 23-1
Case 2:21-cv-00102-DCP Document 26 Filed 01/18/23 Page 1 of 2 PageID #: 832
reduced amount of $3,440.30, the Court ORDERS Plaintiff to file a reply to Defendant’s response
[Doc. 25] on or before January 25, 2023.
IT IS SO ORDERED.
Debra C. Poplin
United States Magistrate Judge
Case 2:21-cv-00102-DCP Document 26 Filed 01/18/23 Page 2 of 2 PageID #: 833
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