Germaine Star D. v. Frank Bisignano, Commissioner of Social Security
- Proceeding
- district
- Area
- civil
- Panel
- Allison H. Goddard (author)
Analysis
The court reviewed the parties' Joint Stipulation for Attorney Fees under the Equal Access to Justice Act (EAJA). The court ordered the parties to file a Joint Supplemental Brief by June 24, 2026, providing detailed billing information and attorney qualifications to allow the court to assess the reasonableness of the requested $9,500.00 fee award.
| What the court decided | The model |
|---|---|
Order requiring supplemental briefing on the Joint Stipulation for Attorney Fees“Accordingly, the Court ORDERS the parties to file a Joint Supplemental Brief no than June 24, 2026.” | agree with court The court correctly identified that the Joint Stipulation lacked the necessary factual basis (billing statements, rates, qualifications) to independently verify the reasonableness of the requested fees, which is a mandatory requirement under EAJA case law. Requiring supplemental briefing is the standard procedural mechanism to resolve this deficiency. |
The order itself: sound — The order correctly applies the Ninth Circuit's standard for EAJA fees by identifying the missing elements required to assess reasonableness. It cites appropriate authority and issues a specific, actionable order to cure the deficiency in the stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GERMAINE STAR D., Case No.: 3:25-cv-01162-AHG 12 Plaintiff, ORDER REQUIRING SUPPLEMENTAL BRIEFING 13 v. 14 FRANK BISIGNANO, Commissioner of [ECF No. 17] Social Security, 15 Defendant. 16 17 18 Before the Court is the parties’ Joint Stipulation for Attorney Fees Pursuant to the 19 Equal Access to Justice Act (“EAJA”). ECF No. 17. The parties jointly request that the 20 Court award Plaintiff attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 21 2412(d), in the amount of $9,500.00. Id. 22 Under the EAJA, a litigant is entitled to attorney fees and costs if: “(1) he is the 23 prevailing party; (2) the government fails to show that its position was substantially 24 justified or that special circumstances make an award unjust; and (3) the requested fees and 25 costs are reasonable.” Carbonell v. I.N.S., 429 F.3d 894, 898 (9th Cir. 2005). To assess 26 whether the requested fees are reasonable, the Court evaluates the hourly rates sought and 27 the number of hours expended. See, e.g., Beatriz B. v. Saul, No. 19cv785-AHG, 2020 WL 28 1 ||5203371, at *2—*3 (S.D. Cal. Sept. 1, 2020); Ulugalu v. Berryhill, No. 17cv1087-GPC- 2 || JLB, 2018 WL 2012330, at *3—*4 (S.D. Cal. Apr. 30, 2018). 3 The parties have not provided sufficient information for the Court to evaluate the 4 ||reasonableness of the requested EAJA award. Specifically, the Joint Stipulation does not 5 ||include a billing statement, information regarding the number of hours billed, the hourly 6 || rates requested, or the qualifications and experience of the attorneys and paralegals whose 7 || time is included in the requested award. Because this information is necessary for the Court 8 || to assess the reasonableness of the requested fees, the Court requires additional information 9 || before ruling on the Joint Stipulation. 10 Accordingly, the Court ORDERS the parties to file a Joint Supplemental Brief no 11 than June 24, 2026. The Joint Supplemental Brief shall include: 12 (1)The names, qualifications, experience, and hourly billing rates of all attorneys 13 and paralegals whose time forms the basis of the requested EAJA award; 14 (2)A billing statement or itemization of time reflecting the dates worked, time 15 expended, attorney or paralegal designation, description of work performed, and 16 total hours claimed; and 17 (3) Any additional information the parties believe supports the reasonableness of the 18 requested EAJA award of $9,500.00, including a copy of any assignment 19 agreement referenced in the Joint Stipulation. 20 IT IS SO ORDERED. 21 || Dated: June 17, 2026 22 Honorable Allison H. Goddard 24 United States Magistrate Judge 25 26 27 28