Opinion
3:11-CV-847-BR
07-30-2012
TABITHA J. CORLIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
KIMBERLY K. TUCKER Hatter-Tucker Law Attorneys for Plaintiff S. AMANDA MARSHALL United States Attorney ADRIAN L. BROWN Assistant United States Attorney DAVID MORADO Regional Chief Counsel MATTHEW W. PILE Special Assistant United States Attorney Social Security Administration Attorneys for Defendant
ORDER
KIMBERLY K. TUCKER
Hatter-Tucker Law
Attorneys for Plaintiff
S. AMANDA MARSHALL
United States Attorney
ADRIAN L. BROWN
Assistant United States Attorney
DAVID MORADO
Regional Chief Counsel
MATTHEW W. PILE
Special Assistant United States Attorney
Social Security Administration
Attorneys for Defendant
BROWN, Judge.
This matter comes before the Court on Plaintiff Tabitha J. Corlis's Amended Application (#25) for Attorney Fees in which she seeks $2,050.00 in attorneys' fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, and her retroactive Second Motion (#26) for Extension of Time.
On July 25, 2012, Plaintiff filed her Second Motion for Extension of Time in conjunction with her Amended Application for Fees, which was filed five days past the July 20, 2012, deadline the Court set when it granted Plaintiff's prior request for an extension of time. Although the Court finds the explanation for the delay by Plaintiff's counsel to be an unpersuasive excuse, in the exercise of its discretion the Court GRANTS nunc pro tunc Plaintiff's Second Motion (#26) for Extension of Time and deems Plaintiff's Amended Application (#25) to be timely filed.
The Court notes the attorneys' fees sought by Plaintiff's counsel were originally stipulated to by the Commissioner, but the Commissioner now opposes Plaintiff's Amended Petition based on repeated delays by Plaintiff's counsel. Although the Court finds the explanation of Plaintiff's counsel of a computer or software malfunction to be an unlikely explanation for the delays in this matter, the Court, nevertheless, does not find any basis in this record to deprive Plaintiff of the fees that she otherwise earned. Accordingly, in the exercise of its discretion, the Court GRANTS Plaintiff's Amended Application (#25) for Attorney Fees pursuant to EAJA and awards Plaintiff attorneys' fees in the amount of $2,050.00.
IT IS SO ORDERED.
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ANNA J. BROWN
United States District Judge