Stingley v. Kijakazi
Stingley v. Kijakazi
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 DARLINE LINDA STINGLEY, Case No. 2:22-cv-01761-NJK
7 Plaintiff, ORDER 8 v. [Docket No. 27] 9 KILOLO KIJAKAZI, 10 Defendant. 11 Pending before the Court is a stipulation to award Plaintiff $4,170 in attorney’s fees 12 pursuant to the Equal Access to Justice Act (“EAJA”). Docket No. 27. The fee request reflects a 13 decrease from the total amount of fees claimed based on hours expended. See Docket No. 27-1 at 14 11 (claiming total fee amount of $4,836.35). 15 Although unopposed, the Court will review the reasonableness of the fee award. See, e.g., 16 Douzat v. Saul,
2020 WL 3408706, at *1 (D. Nev. June 11, 2020) (collecting cases). Fees awarded 17 under the EAJA are determined based on the lodestar approach, except that the hourly rates are 18 capped unless the Court in its discretion determines otherwise. See Costa v. Comm’r of Soc. Sec. 19 Admin.,
690 F.3d 1132, 1135(9th Cir. 2012); see also
28 U.S.C. § 2412(d)(2)(A). The Court will 20 allow the rate sought here for attorneys Kalagian and Rohlfing, particularly in light of the fees 21 awarded to counsel in other cases. See Docket No. 27-1 at 5-6; see also Maceachern v. Kijakazi, 22 No. 2:21-cv-01597-NJK, Docket No. 18 (D. Nev. Mar. 7, 2022); United Steelworkers of Am. v. 23 Phelps Dodge Corp.,
896 F.2d 403, 407(9th Cir. 1990).1 Moreover, the attorney hours expended 24 appear to be reasonable. 25 1 Only generalized information is provided for the paralegal rate. See Docket No. 27-1 at 6. 26 The Court is not as confident in the rates being sought for the paralegals. Cf. Douzat,
2020 WL 3408706, at *3-4. Nonetheless, the adjustment that would likely be made with respect to these 27 rates does not appear to put the total amount of reasonable fees below the $4,170 sought in this case. So, the Court will approve the amount of fees sought even though it may well be that these 28 rates would be subject to reduction. 1 Accordingly, the stipulation for attorney’s fees in the amount of $4,170 is GRANTED. 2 IT IS SO ORDERED 3 Dated: May 23, 2023 4 LEX =o Nancy J. Koppe 5 United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown