Opinion
Case No. 3:11-cv-321
01-29-2013
MELISSA BODEN, 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. 18)
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. 18. 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 generally Satterwhite v. Comm'r of Soc. Sec., No. 3:11-cv-99, 2012 U.S. Dist. LEXIS 133034, at *3, 2012 WL 4108102, at *1 (S.D. Ohio Sept. 18, 2012) (Newman, M.J.), adopted by 2012 U.S. Dist. LEXIS 147221, 2012 WL 4857782 (S.D. Ohio Oct. 12, 2012) (Rose, J.), the stipulation (doc. 18) is STRICKEN. The parties are afforded TEN DAYS from the issuance of this Order (until February 8, 2013) in which to re-file the petition and include such necessary information therein.
Even where there is no objection to the requested fee, the Court is required to conduct an analysis concerning the reasonableness of the hours spent litigating the case and the requested fee. See Comm'r, INS. v. Jean, 496 U.S. 154, 158 (1990).
IT IS SO ORDERED.
Michael J. Newman
United States Magistrate Judge