Fenwick v. Kijakazi
Fenwick v. Kijakazi
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 GINA FENWICK, Case No. 2:22-cv-01077-NJK
7 Plaintiff(s), ORDER 8 v. [Docket No. 20] 9 KILOLO KIJAKAZI, 10 Defendant(s). 11 Pending before the Court is a stipulation to award Plaintiff $2,927.84 in attorney’s fees 12 pursuant to the Equal Access to Justice Act (“EAJA”), as well as $402 in costs pursuant to 28
13 U.S.C. § 1920. Docket No. 20; see also Docket No. 21 (corrected image). The fee request reflects 14 a decrease from the total amount of fees claimed based on hours expended. See Docket No. 21-1 15 at 12 (claiming total fee amount of $3,441.59). 16 Although unopposed, the Court will review the reasonableness of the fee award. See, e.g., 17 Douzat v. Saul,
2020 WL 3408706, at *1 (D. Nev. June 11, 2020) (collecting cases). Fees awarded 18 under the EAJA are determined based on the lodestar approach, except that the hourly rates are 19 capped unless the Court in its discretion determines otherwise. See Costa v. Comm’r of Soc. Sec. 20 Admin.,
690 F.3d 1132, 1135(9th Cir. 2012); see also
28 U.S.C. § 2412(d)(2)(A). The Court will 21 allow the rate sought here for attorney Kalagian, particularly in light of the fees awarded to counsel 22 in other cases. See Maceachern v. Kijakazi, No. 2:21-cv-01597-NJK, Docket No. 18 (D. Nev.
23 Mar. 7, 2022); see also United Steelworkers of Am. v. Phelps Dodge Corp.,
896 F.2d 403, 407(9th 24 Cir. 1990).1 Moreover, the attorney hours expended appear to be reasonable. 25
26 1 Some of the fees documented are for paralegal time. See Docket No. 21-2. A sufficient showing has not been made as to the paralegal hourly rate and some of the tasks appear to be 27 clerical in nature. Cf. Douzat,
2020 WL 3408706, at *3-4. Nonetheless, the adjustment that would likely be made with respect to the paralegal time does not appear to put the total amount of 28 reasonable fees below the amount sought in this case. 1 Accordingly, the stipulation for fees and costs is GRANTED. 2 IT IS SO ORDERED 3 Dated: January 25, 2023
Nancy J. Koppe\, 5 United States Magistrate Judge 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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