1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 RAMON H., Case No.: 21-cv-0225-SBC 11

Plaintiff, 12 ORDER DENYING WITHOUT v. PREJUDICE JOINT MOTION FOR 13 ATTORNEY’S FEES AND LELAND DUDEK, Acting Commissioner 14 EXPENSES PURSUANT TO THE of Social Security, EQUAL ACCESS TO JUSTICE ACT, 15 Defendant.

(d) AND COSTS 16 PURSUANT TO

[ECF NO. 29] 17 18 19 Presently before the Court is the parties’ second joint motion for the award of 20 attorney’s fees and expenses pursuant to the Equal Access to Justice Act,

2412(d) (“EAJA”) and costs pursuant to

. (ECF No. 29.) 22 Under the EAJA, the prevailing party must file an application for fees, expenses, and 23 costs within thirty days of a final judgment.

(d)(1)(B). The thirty-day 24 filing period does not begin to run until after the sixty-day appeal period in Fed. R. Civ. P. 25 4(a) has lapsed, “even when the Commissioner of Social Security Administration, 26 following a sentence-six remand, has awarded benefits to a claimant who then obtains a 27 judgment to which the Commissioner consents in the district court.” Hoa Hong Van v. 28 Barnhart,

(9th Cir. 2007) (citing Melkonyan v. Sullivan,

, 1 || 102 (1991) and Shalala v. Schaefer,

(1993)); see also Krebs v. Berryhill, Case 2 || No. 16-CV-3096 JLS (BGS),

, at *2 (S.D. Cal. May 4, 2018). 3 The judgment in this case was entered on April 23, 2025. (ECF No. 31.) The appeal 4 || period ends June 23, 2025. Thus, a motion for attorney’s fees, expenses, and costs under 5 EAJA is not timely until June 23, 2025. 6 Accordingly, the parties’ joint motion is DENIED WITHOUT PREJUDICE. The 7 || parties may re-file a joint motion in accordance with

and the other 8 || authorities set forth in this order at the appropriate time. 9 IT IS SO ORDERED. 10 || Dated: April 23, 2025 YF A. 12 fon. SteveB.Chu 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28