Opinion
Case No. 3:11-cv-413
05-02-2013
PAMELA R. SMILEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
ORDER STRIKING THE AGREED PETITION
FOR AN EAJA FEES AND COSTS AWARD (DOC. 17)
Now before the Court is an agreed petition, filed jointly by Plaintiff's counsel and the Commissioner, for an EAJA fees and costs award. Doc. 17. Recognizing that the petition 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) (Newman, M.J.), adopted in 2012 U.S. Dist. LEXIS 147221, 2012 WL 4857782 (S.D. Ohio, Oct. 12, 2012) (Rose, J.), the stipulation (doc. 17) is STRICKEN. Plaintiff's counsel is afforded FOURTEEN DAYS from the issuance of this Order (e.g., May 16, 2013) in which to file a motion including such information.
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).
IT IS SO ORDERED.
Michael J. Newman
United States Magistrate Judge