Elawyers Elawyers
Ohio| Change

DIAZ v. COMMISSIONER OF SOCIAL SECURITY, 2:14-cv-609-FtM-CM. (2015)

Court: District Court, M.D. Florida Number: infdco20150707935 Visitors: 5
Filed: Jul. 06, 2015
Latest Update: Jul. 06, 2015
Summary: ORDER CAROL MIRANDO , District Judge . Before the Court is Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act ("Motion", Doc. 25), filed on July 2, 2015. Plaintiff moves pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), for an award of attorney's fees in the amount of $5,115.00, and attaches a timesheet confirming a total of 27.5 hours worked on this matter at a rate of $186.00 per hour. Docs. 25, 25-1 at 3. Plaintiff repres
More

ORDER

Before the Court is Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act ("Motion", Doc. 25), filed on July 2, 2015. Plaintiff moves pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), for an award of attorney's fees in the amount of $5,115.00, and attaches a timesheet confirming a total of 27.5 hours worked on this matter at a rate of $186.00 per hour. Docs. 25, 25-1 at 3. Plaintiff represents that the Commissioner has no objection to the Motion or relief requested. Doc. 25 at 3. For the reasons stated herein, the Motion is denied.

Under the EAJA, a claimant is eligible for an attorney fee award where: (1) the claimant is a prevailing party in a non-tort suit involving the United States; (2) the Government's position was not substantially justified; (3) the claimant filed a timely application for attorney's fees; (4) the claimant had a net worth of less than $2 million at the time the complaint was filed; and (5) there are no special circumstances which would make the award of fees unjust. 28 U.S.C. § 2412(d).

In this case, there has been no judgment entered against either party. Therefore, there is no prevailing party at this time. Plaintiff asserts that the Court entered an Order remanding this case for a new hearing. Doc. 30 at 1. The Court, however, has not entered such an Order. The last order entered by the Court granted Defendant an extension to file its memorandum of law. Doc. 24. The parties have not requested a remand, nor has the Court determined that remand is appropriate in this case. Accordingly, Plaintiff's motion is denied as it is premature.

ACCORDINGLY, it is hereby

ORDERED:

Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. 25) is DENIED.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer