Satariano v. Saul
- Proceeding
- district
- Area
- civil
- Panel
- Barbara Lynn Major (author)
Analysis
The court considered a joint motion by the plaintiff and defendant for the award of attorney's fees and expenses under the Equal Access to Justice Act (EAJA) and costs under 28 U.S.C. § 1920 following a voluntary remand. The court granted the motion and awarded the plaintiff $4,602.00 in fees and expenses.
| What the court decided | The model |
|---|---|
Granting the Joint Motion for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and Costs Pursuant to 28 U.S.C. § 1920“the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s and expenses in the total amount of $4,602.00, subject to the terms of the parties’ joint motion [see ECF No. 21].” | agree with court The court correctly identifies the plaintiff as a prevailing party following a sentence four remand, cites the correct authority for the timeliness of the EAJA claim (final judgment upon expiration of appeal time), and finds the stipulated amount reasonable. The decision follows from the law and the record recited in the order. |
The order itself: sound — The order is procedurally correct and relies on the appropriate Ninth Circuit precedent (Akopyan) to establish that the plaintiff is a prevailing party and that the motion is timely. It correctly notes that the parties stipulated to the amount and that the court found it reasonable. There are no significant gaps or errors in the reasoning provided for this specific ruling.
Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 Case No.: 21cv548-BLM 10 WENDY J. SATARIANO, 11 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 12 v. ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 13 ANDREW SAUL, COMMISSIONER OF SOCIAL JUSTICE ACT, 28 U.S.C. § 2412(d) AND SECURITY, 14 COSTS PURSUANT TO 28 U.S.C. § 1920 Defendant. 15 [ECF No. 21] 16 17 On March 29, 2021, Plaintiff filed a complaint against the Commissioner of Social Security, 18 seeking judicial review of the denial of her “application for a period of disability, disability 19 insurance benefits.” ECF No. 1. 20 On November 1, 2021, the parties filed a Joint Motion for Voluntary Remand. ECF No. 21 17. On November 3, 2021, the Court granted the parties’ motion. ECF No. 18. 22 On December 20, 2021, the parties filed a Joint Motion for the Award and Payment of 23 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) 24 and Costs Pursuant to 28 U.S.C. § 1920. ECF No. 21. 25 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 26 thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final 27 judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. § 1 || 2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th 2 ||Cir. 2002). If one of the parties is the United States, either party may file a notice of appeal 3 within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 4 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 5 F.3d at 854. Therefore, Plaintiff is the prevailing party in this action for purposes of 6 || attorney's fees, the parties’ joint motion is timely, and the Court finds the stipulated amount of 7 || fees and expenses reasonable. 8 Having considered the joint motion and finding the stipulated amount of fees and 9 ||expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 10 and expenses in the total amount of $4,602.00, subject to the terms of the parties’ joint 11 ||motion [see ECF No. 21]. Fees will be made payable to Wendy J. Satariano, but if the 12 || Department of the Treasury determines that Wendy J. Satariano does not owe a federal debt, 13 || then the government will cause the payment of fees, expenses, and costs to be made directly 14 || to the Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment executed by Wendy 15 ||J. Satariano. Any payments will be delivered to Marc V. Kalagian. 16 IT IS SO ORDERED. 17 ||Dated: 12/28/2021 iy, be He wr 18 Hon. Barbara L. Major 19 United States Maqistrate Judde 20 21 22 23 24 25 26 27 28