Opinion
No. C07-0001.
December 11, 2007
ORDER ON APPLICATION FOR ATTORNEYS FEES
This matter comes before the court on the Application for Attorneys Fees Under the Equal Access to Justice Act (docket number 17) filed by the Plaintiff on November 20, 2007. On November 30, 2007, the Defendant filed a Response (docket number 18), indicating that the Defendant has no objection to Plaintiff's request for attorney fees in the amount of $2,371.17. However, Defendant "objects to Plaintiff's counsel's request that payment under the EAJA be made directly to counsel" and requests that the Court enter an order awarding attorney fees "to be paid to Plaintiff."
The request is for $2,371.23 but when the hourly rate is multiplied by the number of hours, the correct amount is $2,371.17.
Under these circumstances, the Code authorizes an award of attorney fees to "a prevailing party." 28 U.S.C. § 2412(d)(1)(A). In another context, the Supreme Court has held that an award of attorney's fees under a fee-shifting statute belongs to the prevailing party, rather than the prevailing party's attorney. Venegas v. Mitchell, 495 U.S. 82, 87-88 (1990). Accordingly, the Court finds that judgment in this regard should enter in favor of the Plaintiff, rather than Plaintiff's attorney.