Em v. Commissioner of Social Security
Filing
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ORDER that any supplemental requests for EAJA fees be submitted within 20 days signed by Magistrate Judge Sheila K. Oberto on 11/21/2011. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SAVUTH EM,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_____________________________________ )
1:10-cv-01414-LJO-SKO
ORDER THAT ANY SUPPLEMENTAL
REQUESTS FOR EAJA FEES BE
SUBMITTED WITHIN 20 DAYS
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Plaintiff filed an application for the award of EAJA fees in this case. (Doc. 19.) The
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Commissioner filed a brief in opposition asserting that the amount of fees that Plaintiff requests is
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not reasonable. (Doc. 21.) Plaintiff filed a brief in reply to the Commissioner's opposition. (Doc.
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22.)
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Requests for additional EAJA awards for the time spent filing a reply brief should generally
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be included in the reply brief itself, but Plaintiff has not included any such request in the reply brief.
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To the extent that Plaintiff will be seeking any EAJA fees for time expended by counsel on Plaintiff's
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reply brief, a supplemental request should be filed within the next 20 days. See 28 U.S.C.
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ยง 2412(d)(1)(C) ("The court, in its discretion, may reduce the amount to be awarded pursuant to this
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subsection, or deny an award, to the extent that the prevailing party during the course of the
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proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of
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the matter in the controversy.") Considering the entirety of Plaintiff's EAJA application(s) at one
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time promotes efficient judicial review.1 See Comm'r, INS v. Jean, 496 U.S. 154, 163 (1990)
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(theoretically infinite litigation to recover fees for the last round of litigation over fees can spawn
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"Kafkaesque judicial nightmare").
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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Any supplemental application for an award of EAJA fees must be filed within 20
days from the date of this order;
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2.
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Requests for supplemental EAJA awards filed beyond this time will be considered
untimely and out of compliance with a court order;
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3.
To the extent the Commissioner wishes to file an opposition to Plaintiff's
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supplemental request, he may do so within 20 days from the date Plaintiff's
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supplemental request is filed; and
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4.
No reply to any opposition filed by the Commissioner shall be permitted.
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IT IS SO ORDERED.
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Dated:
ie14hj
November 21, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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At this stage, the Court makes no finding whether the amount of the EAJA award Plaintiff requests is
reasonable.
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