Opinion
Case No. 8:08-cv-1657-T-23HTS.
January 15, 2010
ORDER
This cause is before the Court on the Motion for Award of Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. #27; Petition). The Commissioner has no objection to the amount sought. See Defendant's Response to Plaintiff's Motion for Attorney's Fees (Doc. #30) at 1.
It is requested that the Court award $2,336.00 in attorney fees to Plaintiff's counsel pursuant to the Equal Access to Justice Act. See Petition at 1. Counsel expended 14.6 hours in representing Plaintiff before the Court in 2008 (1.7 hours) and 2009 (12.9 hours). See id. at 1; Plaintiff's Attorney's Affidavit Supporting Motion for Award of Attorney's Fee Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, attached to the Petition, at 6-7. An hourly rate of $160.00 is sought for attorney fees. See Petition at 1. The requested amount is found to be reasonable in view of 28 U.S.C. § 2412(d)(2)(A), which permits adjustment of the maximum fee of $125.00 per hour based on an increase in the cost of living.
For the purpose of determining the rate of inflation, the Court viewed http://data.bls.gov/cgi-bin/cpicalc.pl (last visited January 13, 2010).
Having reviewed the Petition and case file herein, the Court finds Plaintiff satisfies the statutory requirements for an award of fees. See 28 U.S.C. § 2412(d). Thus, in light of the parties' agreement, Plaintiff may reasonably receive $2,336.00 in fees.
Accordingly, the Petition (Doc. #27) is GRANTED and Plaintiff is hereby awarded the amount of $2,336.00 in attorney fees to be paid by Defendant.
DONE AND ORDERED at Jacksonville, Florida.