Opinion
Case No. 02-4109-SAC.
June 16, 2005
ORDER TO SHOW CAUSE
To: PLAINTIFF'S COUNSEL, Steven M. Tilton, Tilton Tilton, Chtd., 1324 S. Topeka Blvd., Topeka, KS 66612:
Plaintiff's counsel is hereby ordered to show cause, in writing, to the Honorable Sam A. Crow, U.S. District Senior Judge, on or before June 24, 2005, why his motion for attorney fees, filing fees and costs (Dk. 39) should not be denied for lack of any evidentiary support. See D. Kan. Rule 54.2 ("The memorandum shall be supported by time records, affidavits, or other evidence.") The court, which has an independent duty to examine the reasonableness of EAJA fee requests, notes the absence of any affidavit filed in support of the attorney's fees motion. Thus there is no evidentiary support for the hours or hourly rates requested, including the requested COLA increases. The court declines to take judicial notice of such matters.
A copy of this order shall be sent to the plaintiff's counsel by certified and regular mail to the address listed above.