Opinion
2:21-CV-102-DCP
01-18-2023
WILLIAM W. SPARKS, Plaintiff, v. KILOLO KIJAKAZI,[1] Acting Commissioner of Social Security, Defendant.
ORDER
Debra C. Poplin, United States Magistrate Judge.
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), the Rules of this Court, and the consent of the parties [Doc. 9]. The Court is in receipt of Plaintiff's Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 [Doc. 23], and Defendant's Response to Plaintiff's Application for Attorney Fees Pursuant to the Equal Access to Justice Act [Doc. 25]. Plaintiff has requested an award of fees under the Equal Access to Justice Act in the amount of $3,480.00 and costs of $20.70 [Doc. 23-1 p. 3]. In response, Defendant states that, “[a]fter discussions with Plaintiff's counsel, Plaintiff and Defendant have agreed to an award of $3,440.30” [Doc. 25].
In his motion, Plaintiff requests $3,480.00 in attorney's fees [Doc. 23]. The accompanying Attorney Affidavit, however, requests $3,480.00 in attorney's fees and $20.70 in costs [Doc. 23-1 p. 3].
In light of the representations made by Defendant in its response, the Court ORDERS the parties to confer and, if they agree to the reduced amount of $3,440.30, to file a joint stipulation signed by both parties on or before January 25, 2023. In the event Plaintiff does not agree to the reduced amount of $3,440.30, the Court ORDERS Plaintiff to file a reply to Defendant's response [Doc. 25] on or before January 25, 2023.
IT IS SO ORDERED.