Opinion
Case No. 3:12-cv-46
05-10-2013
DAVID K. MITSOFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
ORDER STRIKING THE JOINT STIPULATION
FOR AN EAJA FEES AND COSTS AWARD (DOC. 19)
Now before the Court is a stipulation, filed jointly by Plaintiff's counsel and the Commissioner, for an EAJA fees and costs award. Doc. 19. Recognizing that the stipulation does not provide the Court with the information needed to determine either the reasonableness of the hours spent in this case or the appropriateness of the hourly fee sought, see 28 U.S.C. § 2412(d)(1)(B); Satterwhite v. Comm'r of Soc. Sec., No. 3:11-cv-99, 2012 U.S. Dist. LEXIS 133034, 2012 WL 4108102, (S.D. Ohio Sept. 18, 2012), adopted in 2012 U.S. Dist. LEXIS 147221, 2012 WL 4857782 (S.D. Ohio, Oct. 12, 2012), the stipulation (doc. 19) is hereby STRICKEN. Plaintiff shall file a motion -- including such information -- within FOURTEEN DAYS from the issuance of this Order (e.g., May 24, 2013).
Even where there is no objection to the requested fee, the Court is required to conduct an analysis concerning the reasonableness of the fee. See Comm'r, Immigration & Naturalization Servs. v. Jean, 496 U.S. 154, 161 (1990).
The Court recognizes that the petition for EAJA fees was filed as a joint stipulation. However, such a petition is properly filed as an unopposed or a joint motion.
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IT IS SO ORDERED.
Michael J. Newman
United States Magistrate Judge