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Boudreaux v. Saul
[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA
[10] 11 JOHN B., Case No.: 3:20-cv-00274-BGS
12 Plaintiff,
ORDER GRANTING JOINT
13 v. STIPULATION FOR ATTORNEY’S
FEES PURSUANT TO THE EQUAL
14 ANDREW SAUL,
ACCESS TO JUSTICE ACT (28
15 Defendant. U.S.C. § 2412(d))
[16] [ECF 23, 25]
[17] 18 On January 19, 2021, the parties filed a Joint Stipulation for Award of Attorney’s 19 Fees Pursuant to the Equal Access to Justice Act, stipulating to an award to Plaintiff of 20 attorneys’ fees of $4,800 pursuant to the Equal Access to Justice Act (“EAJA”), 28
21 U.S.C. § 2412 (d). (ECF 23, 25.) 22 The EAJA allows a prevailing party to seek attorney’s fees from the United States 23 within thirty days of final judgment. 28 U.S.C. § 2412 (d). “A plaintiff who obtains a 24 sentence four remand is considered a prevailing party for purposes of attorneys’ fees.” 25 Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002) (citing Shalala v. Schaefer, 509
26 U.S. 292 , 301–02 (1993))). And, the Ninth Circuit sets statutory maximum hourly rates
[28] 1 under the EAJA, adjusted for increases in the cost of living. Thangaraja v. Gonzales, 428 2 || F.3d 870, 876-77 (9th Cir. 2005); Ninth Circuit Rule 39-1.6.! 3 Here, this case was remanded on the parties’ Joint Motion for Voluntary Remand 4 || pursuant to sentence four of 42 U.S.C. § 405 (g) on December 21, 2020, and Plaintiff's 5 ||counsel’s hourly rate is below the Ninth Circuit’s maximum hourly rates under the EAJA. 6 || (ECF 21-21 (Joint Motion and Entry of Judgment), 23 (Joint Motion for EAJA Fees), 25 7 ||(Supplement to Joint Motion with Assignment and Invoice).) Therefore, Plaintiff is the 8 || prevailing party for purposes of attorneys’ fees, the joint motion is timely, and the Court 9 || finds the stipulated amount of fees reasonable. 10 Based upon the Joint Stipulation, the Court GRANTS the parties’ Joint Motion 11 |/and awards attorney’s fees in the amount of $4,800. 12 IT IS SO ORDERED. 13 Dated: March 12, 2021 p / / on. Bernard G. Skomal 15 United States Magistrate Judge
[24] 25 || ————————___—_—_—__ 26 Statutory Maximum Rates Under the Equal Access to Justice Act, United States Courts 27 || for the Ninth Circuit, 28 https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039