Taulbee v. Berryhill, CIV-18-52-G. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190725d25
Visitors: 14
Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: ORDER CHARLES B. GOODWIN , District Judge . On March 29, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 23, 24. Plaintiff Lisa C. Taulbee now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Mot. Att'y Fees (Doc. No. 25). Defendant has notified the Court that she has no objection to the requested fee award.
Summary: ORDER CHARLES B. GOODWIN , District Judge . On March 29, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 23, 24. Plaintiff Lisa C. Taulbee now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. See Mot. Att'y Fees (Doc. No. 25). Defendant has notified the Court that she has no objection to the requested fee award. ..
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ORDER
CHARLES B. GOODWIN, District Judge.
On March 29, 2019, the Court entered an Opinion and Order and a Judgment reversing the decision of the Acting Commissioner and remanding this case for further proceedings. See Doc. Nos. 23, 24. Plaintiff Lisa C. Taulbee now requests an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. See Mot. Att'y Fees (Doc. No. 25). Defendant has notified the Court that she has no objection to the requested fee award. See id.; Def.'s Resp. (Doc. No. 26) at 1-2.
Having considered Plaintiff's unopposed request and the relevant record, the Court finds that: "(1) [P]laintiff is a `prevailing party'; (2) the position of the United States was not `substantially justified'; and (3) there are no special circumstances that make an award of fees unjust" in this case. Hackett v. Barnhart, 475 F.3d 1166, 1172 (10th Cir. 2007) (quoting 28 U.S.C. § 2412(d)(1)(A)). Accordingly, the Court GRANTS Plaintiff's request and awards fees in the amount of $5079.20, with said amount to be paid directly to Plaintiff and sent in care of Marianna E. McKnight, 2448 E. 81st St., Suite 2038, Tulsa, Oklahoma, 74137. If attorney's fees are also awarded under 42 U.S.C. § 406(b), Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED.
Source: Leagle
