Matlock v. Berryhill, CIV-18-515-R. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190607a70
Visitors: 7
Filed: Jun. 04, 2019
Latest Update: Jun. 04, 2019
Summary: ORDER DAVID L. RUSSELL , District Judge . Before the Court is Plaintiff's Application for Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. See Doc. 30. Plaintiff seeks EAJA attorneys' fees in the amount of $5,429.60. Defendant has filed no objection or response to Plaintiff's motion. The Court finds that Plaintiff is the prevailing party herein; that Defendant has not demonstrated that her position herein was substantially justified; that Plainti
Summary: ORDER DAVID L. RUSSELL , District Judge . Before the Court is Plaintiff's Application for Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. See Doc. 30. Plaintiff seeks EAJA attorneys' fees in the amount of $5,429.60. Defendant has filed no objection or response to Plaintiff's motion. The Court finds that Plaintiff is the prevailing party herein; that Defendant has not demonstrated that her position herein was substantially justified; that Plaintif..
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ORDER
DAVID L. RUSSELL, District Judge.
Before the Court is Plaintiff's Application for Award of Attorney's Fees Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. See Doc. 30. Plaintiff seeks EAJA attorneys' fees in the amount of $5,429.60. Defendant has filed no objection or response to Plaintiff's motion. The Court finds that Plaintiff is the prevailing party herein; that Defendant has not demonstrated that her position herein was substantially justified; that Plaintiff's net worth does not and did not at the time this action was filed exceed $2,000,000; that there are no special circumstances that would make an EAJA award unjust; and that the amount of time expended, the hourly fees, and the total fees sought are reasonable. Therefore, Plaintiff's motion for EAJA attorneys' fees in the amount of $5,429.60 is GRANTED. In the event the EAJA fees awarded to Plaintiff are paid to Plaintiff's counsel and Plaintiff's counsel later recovers fees pursuant to 42 U.S.C. § 406(b), Plaintiff's counsel shall refund the smaller award of attorneys' fees to Plaintiff.
IT IS SO ORDERED.
Source: Leagle
