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U.S. Court of Appeals for the Ninth Circuit, 2011

Capitani v. Astrue

Capitani v. Astrue
U.S. Court of Appeals for the Ninth Circuit · Decided June 17, 2011
438 F. App'x 605

Counsel

Mary Adele Mitchell, Esquire, Mitchell and Associates, San Diego, CA, for Plaintiff-Appellant., Shea Lita Bond, Special Assistant U.S. Attorney, Social Security Administration, Office of the General Counsel, San Francisco, CA, for Defendant-Appellee.

Capitani v. Astrue

Opinion of the Court

MEMORANDUM***

The district court did not abuse its discretion in denying Capitani’s attorney’s late-filed application for attorney’s fees under the Equal Access to Justice Act because her reasons for missing the deadline amounted to “a garden variety claim of excusable neglect.” Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990); see Le v. Astrue, 529 F.3d 1200, 1201 (9th Cir. 2008); see also Modrowski v. Mote, 322 F.3d 965, 968-69 (7th Cir. 2003).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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