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FRANKLIN v. ASTRUE, 10-cv-02532-PAB. (2012)

Court: District Court, D. Colorado Number: infdco20120614686 Visitors: 13
Filed: Jun. 13, 2012
Latest Update: Jun. 13, 2012
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter comes before the Court on the parties' stipulated motion for an award of attorney's fees [Docket No. 22] pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). "The EAJA statute provides that `a court shall award to a prevailing party other than the United States fees and other expenses . . . incurred by that party in any civil action . . ., including proceedings for judicial review of agency action, brought by or against
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ORDER

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on the parties' stipulated motion for an award of attorney's fees [Docket No. 22] pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). "The EAJA statute provides that `a court shall award to a prevailing party other than the United States fees and other expenses . . . incurred by that party in any civil action . . ., including proceedings for judicial review of agency action, brought by or against the United States . . ., unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust." Manning v. Astrue, 510 F.3d 1246, 1249 (10th Cir. 2007) (quoting 28 U.S.C. § 2412(d)(1)(A) (2006) (omissions in original) (emphasis omitted)). The parties agree that plaintiff should receive a total EAJA award in this case of $4,500.00. The Court having considered the stipulated motion, it is

ORDERED that the parties' stipulated motion for an award of attorney's fees [Docket No. 22] is GRANTED. Defendant shall pay the amount of $4,500.00 to plaintiff for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), such fee award made payable to plaintiff and mailed to plaintiff's attorney.

Source:  Leagle

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