Filed: Apr. 01, 2019
Latest Update: Apr. 01, 2019
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . This matter is before the Court on Plaintiff's opposed motion for attorney's fees. (Doc. 28). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), Plaintiff requests an award of fees in the amount of $3,527.27 and expenses in the amount of $50.03. The attached documents confirm the attorney and paralegal hours (Docs. 28-1-28-14) and expenses. (Doc. 28-16). There is no dispute that Plaintiff's counsel is entitled to EAJA fee
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . This matter is before the Court on Plaintiff's opposed motion for attorney's fees. (Doc. 28). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), Plaintiff requests an award of fees in the amount of $3,527.27 and expenses in the amount of $50.03. The attached documents confirm the attorney and paralegal hours (Docs. 28-1-28-14) and expenses. (Doc. 28-16). There is no dispute that Plaintiff's counsel is entitled to EAJA fees..
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ORDER
PHILIP R. LAMMENS, Magistrate Judge.
This matter is before the Court on Plaintiff's opposed motion for attorney's fees. (Doc. 28). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), Plaintiff requests an award of fees in the amount of $3,527.27 and expenses in the amount of $50.03. The attached documents confirm the attorney and paralegal hours (Docs. 28-1-28-14) and expenses. (Doc. 28-16).
There is no dispute that Plaintiff's counsel is entitled to EAJA fees. Plaintiff asserts that she is the prevailing party in this litigation, that the Commissioner's position in the underlying action was not substantially justified and that her net worth at the time the proceeding was filed was less than two million dollars.1 On December 13, 2018, the Court entered an Order reversing and remanding this cause back to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 26). The next day, the Clerk entered Judgment. (Doc. 27). On March 13, 2019, Plaintiff filed her motion for attorney's fees. (Doc. 28). The Commissioner has filed a response in opposition. (Doc. 29).
While agreeing that time spent by paralegals (8.1 hours) and attorneys who have not been admitted to practice in the Middle District (25.0 hours) should be compensated at the customary rate in this District for paralegals, the parties disagree as to the applicable rate. (See Doc. 28 at 4, Doc. 29 at 3-4). Plaintiff requests $100.00 per hour, while the Commissioner claims that the customary rate is only $75.00 per hour. I agree with the Commissioner that $75.00 is the normal reasonable rate in this District for paralegals. See Schoenfeld v Berryhill, 8:17-cv-407-T-AAS, 2018 WL 5634000, at *1 (M.D. Fla. October 31, 2018); Wood v. Comm'r of Soc. Sec., No. 2:15-cv-437-FtM-29CM, 2017 WL 2298190, at *3 (M.D. Fla. May 26, 2017). Accordingly, the Court will reduce the hourly rate for attorneys Howard D. Olinsky, Melissa A. Palmer, Megan M.E. Wicklund, and Edward A. Wicklund, as well as paralegals Michelle Callahan, Jonnah Graser, Jennifer Overfield, Tamica Lockwood, Vincent Wisehoon, Krysten Gifford, Moira Deutch, and Michael P. Smith.
The Commissioner also challenges the reasonableness of the hours billed by attorneys and paralegals in connection with the case, noting hours billed for non-compensable clerical tasks. Review of the cited records reveals billing charges for non-compensable clerical time, including mailing correspondence to Plaintiff, and calendaring deadlines.2 Accordingly, the following time entries will be deducted. See e.g., Shoenfeld, 2018 WL 5634000 at *1 (deducting time entries because tasks of a clerical nature are not compensable as attorney's fees).
Worker Task Date Hrs
Vincent Wisehoon FDC Packet Sent via Right 9/18/2017 0.2
Signature & USPS for client
signature of contract
Olinsky, Howard D. Review summons issued as to 10/16/2017 0.2
Commissioner, USAO, and
USAG
Wicklund, Edward A. Note summons returned executed 11/28/2017 0.2
as to USAO, calendar answer due
date (12/26/17)
Note Proof of Service filed 11/28/2017 0.1
Note motion for extension to file 12/19/2017 0.1
answer filed by OC
Note endorsed order 1/3/2018 0.1
granting extension to file
answer to OC
Note set/reset deadline re: 1/8/2018 0.1
answer due 1/25/18
Combine, OCR, and Live 1/17/2018 0.8
Bookmark administrative
transcript (770 pages)
Note Magistrate Consent filed by 1/17/2018 0.1
OC
Preliminary review of 1/17/2018 0.4
transcript-assign Attorney writer
Review scheduling order, 1/22/2018 0.3
calendar briefing deadlines to
task pad
Note order approving Consent 1/23/2018 0.1
to Jurisdiction by Magistrate
Note case reassigned to 1/25/2018 0.1
Magistrate Judge Phillip R.
Lammens, update
case number
Note motion filed by OC re: 5/21/2018 0.1
Extension request to file
Defendants brief
Note order granting 5/22/2018 0.2
Extension request to file
Defendants brief, update
calendar
Note motion filed by OC re: 6/21/2018 0.1
Second Extension request to file
Defendants brief
Note order granting Second 6/25/2018 0.1
Extension request to file D
brief, update calendar
Based on the above revisions to the hourly rates and hours billed, the fees awarded to Plaintiff will be adjusted as follows:
Name Hours/Rate Total
Suzanne L. Harris 0.5 hours at $97.81 $217.27
Attorney, admitted M.D. Fla. 0.6 hours at $119.46
Howard D. Olinsky 1.4 hours at $75.00 $105.00
Attorney, not admitted to M.D. Fla.
Melissa A. Palmer 19.1 hours at $75.00 $1,432.50
Attorney, not admitted to M.D. Fla.
Megan M.E. Wicklund 0.6 hours at $75.00 $45.00
Attorney, not admitted to M.D. Fla.
Edward A. Wicklund 0.8 hours at $75.00 $60.00
Attorney, not admitted to M.D. Fla.
Michelle Callahan 0.6 hours at $75.00 $45.00
Paralegal
Jonnah Graser 2.8 hours at $75.00 $210.00
Paralegal
Jennifer Overfield 0.5 hours at $75.00 $37.50
Paralegal
Vincent Wisehoon 0.9 hours at $75.00 $67.50
Paralegal
Kyrsten Gifford 1.1 hours at $75.00 $82.50
Paralegal
Moira Deutch 1.6 hours at $75.00 $120.00
Paralegal
Michael P. Smith 0.4 hours at $75.00 $30.00
Paralegal
Total
$2,452.27
Pursuant to the provisions of the Equal Access to Justice Act (28 U.S.C. § 2412(d)), Plaintiff's motion for attorney's fees (Doc. 28) is GRANTED in part. Plaintiff is awarded attorney's fees in the amount of $2,452.27 and expenses in the amount of $50.03. Payment is authorized to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the government.
DONE and ORDERED.
