ORDER RONALD A. WHITE , District Judge . Plaintiff filed his Amended Complaint on April 1, 2016 for injunctive and other appropriate relief under the Administrative Procedures Act, 5 U.S.C. 701, et seq. (herein the "APA"). The subject of this appeal under the APA is a Decision Notice issued by the Regional Forester on September 26, 2013 (herein the "Final Decision"). Before the court are the briefs filed by the parties [Docket Nos. 45, 46 and 47]. Plaintiff argues that the Final...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Antoinette M. Schultz was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $5,660.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 23. The Commissioner subsequently filed stipulated motion, indicating that the parties had agreed to an award...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff, Melissa Ann Glinn, was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,884.70 and costs in the amount of $400.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner does not object to the fee award. Upon review of the record herein, the Court finds that...
ORDER STEVEN P. SHREDER , Magistrate Judge . Defendant, the Acting Commissioner of Social Security (Commissioner), by and through her counsel, has filed an unopposed motion with this Court, pursuant to 42 U.S.C. 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings (Doc. 15). Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner's decision with remand...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Linda C. Fulton was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 20], indicating that the parties have stipulated to an attorney's fee in the amount of $4,600.00 and costs in the amount of $400.00. Upon review of the record...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Jackie R. Johnson was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [Docket No. 23], indicating that the parties have stipulated to an attorney's fee in the amount of $4,100.00. Upon review of the record herein, the Court finds that...
ORDER AFFIRMING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JAMES H. PAYNE , District Judge . On July 27, 2017, the United States Magistrate Judge entered a Report and Recommendation in regard to Plaintiff's request for an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Magistrate Judge recommended that Plaintiff's Motion (Dkt. 21) be granted. No party has filed any objection to the Magistrate Judge's Report and...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before this Court on the Motion for Attorney Fees Under 42 U.S.C. 406(b) filed by Timothy M. White, the attorney for Plaintiff (Docket Entry #32). Counsel requests that he be awarded fees for legal work pursuant to 42 U.S.C. 406(b) in the amount of $17,130.75. Counsel was employed by Plaintiff to appeal the adverse decision rendered by Administrative Law Judge presiding over the request for benefits. To that end,...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff William John Przywara was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $3,169.00 and costs in the amount of $400.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 20. The Commissioner does not object to the fee award. Upon review of the record...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Wilma S. Wesley was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $6,625.30, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 23. The Commissioner subsequently filed a response, indicating that the parties had agreed to an award of attorney's...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Barbara Ann Verdine was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $3,806.90, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 22. The Commissioner does not object to the fee award. Upon review of the record herein, the Court finds that said amount...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Gregory G. Holsey was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $5,871.10, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 28. The Commissioner subsequently filed Stipulated Motion for Award of Attorney Fees Under the Equal Access to...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA KIMBERLY E. WEST , Magistrate Judge . Plaintiff was the prevailing party in this action under the Social Security Act. Plaintiff filed a request for attorney fees under the Equal Access to Justice Act [Docket Nos. 22]. The parties have now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 24], indicating that the parties have stipulated to an attorney fee in the...
OPINION AND ORDER JAMES H. PAYNE , District Judge . Before the Court is Plaintiffs' Motion to Remand (Dkt. 12). Defendants have filed a Response in Opposition (Dkt. 14). For the reasons detailed below, Plaintiffs' Motion to Remand is GRANTED. BACKGROUND Plaintiffs Gretchen Archer ("Archer") and Loriann Wood ("Wood") (together, "Plaintiffs") originally filed their Amended Petition in the District Court of Wagoner County, Oklahoma, asserting claims against five Defendants: (1) All My...
ORDER AFFIRMING AND ADOPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JAMES H. PAYNE , District Judge . On May 22, 2017, the United States Magistrate Judge entered a Findings and Recommendation in regard to Plaintiff's request for an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Magistrate Judge recommended that Plaintiff's Application (Dkt. 27) and Supplement to Application (Dkt. 30) be granted. The Commissioner filed...
OPINION AND ORDER JAMES H. PAYNE , District Judge . Respondent has filed a motion to transfer this habeas corpus action and hold the Respondent's response in abeyance (Dkt. 7). A review of the petition indicates Petitioner is challenging his convictions and sentences entered by the District Court of Oklahoma County, which is located within the territorial jurisdiction of the United States District Court for the Western District of Oklahoma. Therefore, in the furtherance of justice, this...
AMENDED OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Janessa J. Hughes was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 24], indicating that the parties have stipulated to an attorney's fee in the amount of $5,000.00 and costs in the amount of $400.00. Upon review of the...
AMENDED OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff James D. Heck was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 20], indicating that the parties have stipulated to an attorney's fee in the amount of $4,848.50 and costs in the amount of $400.00. Upon review of the...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (Docket Entry #22). By Order and Opinion entered March 31, 2017, this Court reversed the decision of the Commissioner to deny Claimant's applications for disability insurance benefits under Title II and for supplemental security income under Title XVI of the Social Security Act and remanded the case for further...
ORDER RONALD A. WHITE , District Judge . Before the court is the motion of defendant CSAA Fire & Casualty Insurance Company ("CSAA") to dismiss. This lawsuit proceeded in the District Court for Wagoner County, when plaintiff filed her amended petition on May 9, 2017. The case was removed to this court on July 17, 2017 by CSAA as the only defendant served at the time. The record at this time does not reflect service on two other named defendants, Automobile Club of America and AAA Fire &...
