Opinion
No. 03:10-CV-06030-HU
11-10-2011
ESTELLE L. FINNEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Kathryn Tassinari Brent Wells Harder, Wells, Baron & Manning, P.C. Attorneys for Plaintiff Dwight C. Holton United States Attorney Adrian L. Brown Assistant United States Attorney L. Jamala Edwards Special Assistant United States Attorney Office of General Counsel Social Security Administration Attorneys for Defendant
ORDER ON MOTION FOR
ATTORNEY FEES
Kathryn Tassinari
Brent Wells
Harder, Wells, Baron & Manning, P.C.
Attorneys for Plaintiff
Dwight C. Holton
United States Attorney
Adrian L. Brown
Assistant United States Attorney
L. Jamala Edwards
Special Assistant United States Attorney
Office of General Counsel
Social Security Administration
Attorneys for Defendant HUBEL, Magistrate Judge:
The parties have filed a stipulation for an award of attorney's fees to the plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Under the statute:
A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney . . . representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substantially justified.24 U.S.C. § 2412(d)(B).
The current motion is wholly unsupported. No itemized statement from the plaintiff's attorney is attached, and no allegation or supporting argument is made that the Commissioner's position was not substantially justified.
The motion is denied, without prejudice to refiling in proper form, no later than November 28, 2011.
IT IS SO ORDERED.
Dennis James Hubel
Unites States Magistrate Judge