Davis v. Saul

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 20CV814-BLM 11 TONIA SUZETTE DAVIS,

12 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 13 v. ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 14 ANDREW SAUL, COMMISSIONER OF SOCIAL JUSTICE ACT, 28 U.S.C. § 2412(d) SECURITY, 15 Defendant. [ECF No. 24] 16

17 18 On April 30, 2020, Plaintiff filed a complaint against Defendant Commissioner of Social 19 Security, Andrew Saul, seeking judicial review of the denial of her applications for “disability 20 insurance benefits and supplemental security income.” ECF No. 1. 21 On June 7, 2021, the Court issued an Order Granting Plaintiff’s Motion for Summary 22 Judgment and Remanding for Further Proceedings. ECF No. 23. 23 On August 12, 2021, the parties filed a Joint Motion for the Award and Payment of 24 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) 25 and Costs Pursuant to 28 U.S.C. § 1920. ECF No. 24. The parties stipulate to an award to 26 Plaintiff of attorney’s fees and expenses in the amount of $4,700.00 under the Equal Access to 27 Justice Act (“EAJA”), 28 U.S.C. 2412(d). Id. 1 || thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final 2 ||judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. § 3 ||2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th 4 ||Cir. 2002). If one of the parties is the United States, either party may file a notice of appeal 5 || within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 6 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 7 ||296 F.3d at 854. Therefore, Plaintiff is the prevailing party in this action for purposes of 8 || attorney's fees, the parties’ joint motion is timely, and the Court finds the stipulated amount of 9 || fees and expenses reasonable. 10 Having considered the joint motion and finding the stipulated amount of fees and 11 expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 12 and expenses in the total amount of $4,700.00, subject to the terms of the parties’ joint 13 ||motion [see ECF No. 24]. Fees will be made payable to Tonia Suzette Davis, but if the 14 || Department of the Treasury determines that Tonia Suzette Davis does not owe a federal debt, 15 the government will cause the payment of fees, expenses, and costs to be made directly 16 ||to the Law Offices of Lawrence D. Rohlfing, pursuant to the assignment executed by Tonia 17 Suzette Davis. Any payments will be delivered to Steven G. Rosales. 18 IT IS SO ORDERED. 19 || Dated: 8/17/2021 lobe Mager 20 Hon. Barbara L. Major United States Maqistrate Judde

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