Filed: May 16, 2016
Latest Update: May 16, 2016
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Pending before the court is plaintiff's motion for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(1). Plaintiff seeks fees based on 2 hours in 2012 at the rate of $184.32 per hour for attorney time, 13.05 hours in 2013 at the rate of $187.02 per hour, and 1.75 hours in 2014 at the rate of $187.20, for a total amount of $3,014.97. ECF Nos. 22; see ECF No. 22-2. An EAJA fee award must be reasonable.
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Pending before the court is plaintiff's motion for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(1). Plaintiff seeks fees based on 2 hours in 2012 at the rate of $184.32 per hour for attorney time, 13.05 hours in 2013 at the rate of $187.02 per hour, and 1.75 hours in 2014 at the rate of $187.20, for a total amount of $3,014.97. ECF Nos. 22; see ECF No. 22-2. An EAJA fee award must be reasonable. ..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Pending before the court is plaintiff's motion for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). Plaintiff seeks fees based on 2 hours in 2012 at the rate of $184.32 per hour for attorney time, 13.05 hours in 2013 at the rate of $187.02 per hour, and 1.75 hours in 2014 at the rate of $187.20, for a total amount of $3,014.97. ECF Nos. 22; see ECF No. 22-2.
An EAJA fee award must be reasonable. Sorenson v. Mink, 239 F.3d 1140, 1145 (9th Cir. 2001). In determining whether a fee is reasonable, the court considers the hours expended, the reasonable hourly rate, and the results obtained. See Commissioner, INS v. Jean, 496 U.S. 154 (1990); Hensley v. Eckerhart, 461 U.S. 424 (1983); Atkins v. Apfel, 154 F.3d 986 (9th Cir. 1998). "[E]xcessive, redundant, or otherwise unnecessary" hours should be excluded from a fee award, and charges that are not properly billable to a client are not properly billable to the government. Hensley, 461 U.S. at 434.
Here, defendant did not file a response to plaintiff's motion for attorney's fees. However, the court has independently reviewed the record and finds that both the hourly rate and hours expended are reasonable in light of the results obtained.
Accordingly, it is hereby ORDERED that:
1. Plaintiff's motion for attorney's fees (ECF No. 22) is granted;
2. Plaintiff is awarded attorney's fees under the EAJA in the amount of $3,014.97;
3. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any payment shall be made payable to plaintiff and delivered to plaintiff's counsel, unless plaintiff does not owe a federal debt. If the United States Department of the Treasury determines that plaintiff does not owe a federal debt, the government shall accept plaintiff's assignment of EAJA fees and pay fees directly to plaintiff's counsel.
