Opinion
Case No. 3:09-cv-143.
October 14, 2010
ORDER
This case is before the Court sua sponte.
Plaintiff has filed a document denominated "Plaintiff's Motion for Attorney Fees Under Equal Access to Justice Act, 28 U.S.C. Section 2412(d)" ("EAJA"). (Doc. 20). However, within that document, Plaintiff's counsel has moved the Court for an award of EAJA fees. Id., PAGEID#: 128; 131.
As the Commissioner has noted in his opposition to the Motion, (Doc. 21, PAGEID#: 138), the United States Supreme Court recently held that attorney fees awarded pursuant to the EAJA are payable to the litigant rather than the attorney. Astrue v. Ratliff, 560 U.S. ___, ___, 130 S.Ct. 2521, 2524 (2010).
While Plaintiff's Motion is properly identified in the caption, as noted above, the body of the Motion indicates that Plaintiff's counsel is moving the Court for the award of fees. In other words, it is not entirely clear who is motioning for the payment of EAJA fees.
Therefore, Plaintiff shall file and serve not later than October 21, 2010, an Amended Motion for Attorney Fees Under Equal Access to Justice Act, 28 U.S.C. Section 2412(d). The Commissioner shall file his opposition not later than October 28, 2010.
October 14, 2010.