Filed: Oct. 01, 2018
Latest Update: Oct. 01, 2018
Summary: ORDER GRANTING MOTION FOR ATTORNEY'S FEES, COSTS AND EXPENSES [DOC. 24] THOMAS J. WHELAN , District Judge . Pending before the Court is Plaintiff's motion for an award of attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412(d), and for costs under 28 U.S.C. 1920. The motion is unopposed. As an initial matter, Plaintiff's motion is confusing regarding the amount sought. For example, Plaintiff's petition concludes as follows: Wherefore, plaintiff prays that
Summary: ORDER GRANTING MOTION FOR ATTORNEY'S FEES, COSTS AND EXPENSES [DOC. 24] THOMAS J. WHELAN , District Judge . Pending before the Court is Plaintiff's motion for an award of attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412(d), and for costs under 28 U.S.C. 1920. The motion is unopposed. As an initial matter, Plaintiff's motion is confusing regarding the amount sought. For example, Plaintiff's petition concludes as follows: Wherefore, plaintiff prays that ..
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ORDER GRANTING MOTION FOR ATTORNEY'S FEES, COSTS AND EXPENSES [DOC. 24]
THOMAS J. WHELAN, District Judge.
Pending before the Court is Plaintiff's motion for an award of attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and for costs under 28 U.S.C. § 1920. The motion is unopposed.
As an initial matter, Plaintiff's motion is confusing regarding the amount sought. For example, Plaintiff's petition concludes as follows:
Wherefore, plaintiff prays that the court award fees and expenses pursuant to the EAJA payable to the Law Offices of Rohlfing & Kalagian, LLP in the amount of $3,225.50, $400 for fees, and $16.56 for the expenses, for a total of $3,625.50. (Petition [Doc. 24], 3:11-14.) The concluding paragraph seems to suggest Plaintiff is seeking $3,225.50 + $400 + $16.56, which equals $3,642.06. Yet, Plaintiff states she is seeking "a total of $3,625.50."
The memorandum of points and authorities is also confusing in that Plaintiff states:
The court should award fees of $400.00, further compensating 13.3 hours of attorney time at up to $195.95 per hour, and 4.4 hours of paralegal time at $137.00 per hour for fees and expenses incurred of $16.56. The fees and expenses sought based on an increase in the cost of living is thus $3,625.50 to the Law Offices of Rohlfing & Kalagian, LLP.
(P&A 12:15-13:3.)
Nevertheless, Exhibit 1 to Laura E. Krank's declaration appears to clarify that Plaintiff's request for $3,625.50 consists of the following: $16.56 in costs for service of the summons and complaint; $602.80 for 4.4 hours of paralegal time billed at an hourly rate of $137.00; $2,606.14 for 13.3 hours of attorney time billed at an hourly rate of $195.95; and $400 in costs. (See Krank Dec., Ex. 1.)
Accordingly, having reviewed the moving papers, good cause appearing, and there being no opposition, the Court GRANTS the motion [Doc. 24] and AWARDS $3,625.50 in attorney fees, expenses and costs.
IT IS SO ORDERED.
