Meyer v. Astrue

Filing 29

AMENDED MEMORANDUM DECISION and ORDER. Signed by Magistrate Judge Dustin B. Pead on 01/28/2014. (tls)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

GREG STEVEN MEYER,
Plaintiff,

AMENDED MEMORANDUM DECISION
& ORDER

v.
Case No. 2:12-cv-01059
CAROLYN W. COLVIN, Commissioner
of the Social Security Administration,

Magistrate Judge Dustin Pead

Defendant.

On January 22, 2014, the Court issued a Memorandum Decision and Order (Order)
granting Plaintiff Greg Steven Meyer’s (Plaintiff) Motion For Attorney Fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (doc. 26). In its Order, the Court required
that said fees be paid to Plaintiff within thirty (30) days of the Order’s issuance. Id. Thereafter,
on January 27, 2014, the Commissioner filed its currently pending “Motion To Alter Or Amend”
seeking an amendment of that portion of the Court’s Order requiring that attorney fees be paid
within thirty (30) days (doc. 27). The Commissioner indicates that Plaintiff does not oppose its
requested amendment. Id.
Upon consideration, the Court hereby GRANTS the Commissioner’s “Motion To Alter
or Amend” (doc. 27). While acknowledging that the EAJA does not specify a time period
within which attorney fees are to be paid, the Commissioner requests that the Court allow for the
designated sixty (60) day period after entry of judgment in order to assess its litigation position
and pursue an appeal if necessary. See Fed. R. App. P. 4(a)(1)(B) (“The notice of appeal may be

filed by any party within 60 days after entry of the judgment or order appealed from if one of the
parties is: (ii) a United States agency”).
Consistent therewith, the Court hereby AMENDS it prior Order such that the
Commissioner is ordered to pay Plaintiff an EAJA attorney fee award of $7095.71, payable
directly to Plaintiff, not to his counsel, “within the ordinary course of business, after the award
has become final” (doc. 27).
IT IS SO ORDERED.
DATED this 28th day of January, 2014.
BY THE COURT:

____________________________________
Dustin Pead
U.S. Federal Magistrate Judge