Coleman v. Astrue

Filing 18

ORDER granting 17 Unopposed Motion for Attorney Fees and Expenses. (Signed by Judge Janis Graham Jack) Parties notified.(sscotch, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
SENAIDA COLEMAN,
Plaintiff,
VS.
MICHAEL J ASTRUE,
Defendant.

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CIVIL ACTION NO. C-10-350

ORDER GRANTING UNOPPOSED MOTION
FOR ATTORNEY FEES AND EXPENSES
On April 15, 2011, judgment was entered granting the Commissioner’s unopposed
motion to remand and remanding this case to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) so that the ALJ could obtain supplemental testimony from a vocational
expert to determine whether plaintiff can perform jobs that exist in the national economy (D.E.
15). The Commissioner did not appeal the decision.
On July 1, 2011, plaintiff filed her unopposed motion for attorney fees and costs pursuant
to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (D.E. 17). The Commissioner did
not file a response, and counsel for plaintiff represented in her motion that the Commissioner
was unopposed to the granting of attorney fees as requested (D.E. 17 at 8).1
Accordingly, plaintiff’s motion (D.E. 17) is granted. As required by 28 U.S.C. § 2412,
the Court finds, as alleged, that plaintiff is a prevailing party, that the position of the United
States was not substantially justified, and the plaintiff’s net worth does not exceed $2,000,000.
The Court further finds reasonable the request that plaintiff be compensated for the services of
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In addition, pursuant to the Local Rules for the Southern District of Texas, failure to file a
response is taken as a representation that a party is unopposed to the granting of the relief
requested. LR7.4.

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her attorney at a rate of $169.66 per hour for 29.84 hours and $60 per hour for 1.50 hours of
paralegal/clerical work, for a total award of $5,152.65. This sum is payable to plaintiff by the
Commissioner. Astrue v. Ratliff, ___ U.S. ___, 130 S.Ct. 2521 (2010).

SIGNED and ORDERED this 28th day of July, 2011.

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Janis Graham Jack
Senior United States District Judge

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