Mitchell v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-01905

ORDER regarding [27] Motion for Attorney Fees. If Defendant opposes the Motion, she shall file, no later than 01/04/2018, a response that includes a memorandum of legal authority in opposition to the Motion. The proposed order included in the Motion is stricken, and the Clerk of the Court is directed to remove it from the official court record. Signed by Magistrate Judge James R. Klindt on 12/21/2017. (BHC)

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PageID 571 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FREDDIE LEE MITCHELL, II, Plaintiff, vs. Case No. 8:16-cv-1905-T-JRK NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. _____________________________________/ ORDER This cause is before the Court on the Revised Petition for Award of Attorney Fees and Costs Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) (Doc. No. 27; "Motion"), filed December 20, 2017. On the same date, Plaintiff filed a Brief in Support of Motion for Award of Attorney Fees Pursuant to the EAJA, 28 U.S.C. § 2412(d) (Doc. No. 28; "Brief"). In the Brief, Plaintiff represents the following: It will be left to the government to meet its burden of showing that its position in this case, both at the agency level and in court, was substantially justified.[ ] However, after reasonable negotiations, the parties have agreed to the award of attorneys fees in the amount of $4,414.50. Brief at 3.1 It is unclear from the Motion and the Brief whether Defendant opposes the Motion. Accordingly, it is ORDERED: 1 The Brief contains unnumbered pages. The citation to it follows the pagination assigned by the Court's electronic filing system (CM/ECF). PageID 572 1. If Defendant opposes the Revised Petition for Award of Attorney Fees and Costs Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) (Doc. No. 27), she shall file, no later than January 4, 2018, a response that includes a memorandum of legal authority in opposition to the Motion. 2. The proposed order included in the Motion (Doc. No. 27 at 1)2 is STRICKEN, and the Clerk of the Court is directed to remove it from the official court record.3 DONE AND ORDERED at Jacksonville, Florida on December 21, 2017. bhc Copies to: Counsel of Record 2 The Motion contains unnumbered pages. The citation to it follows the pagination assigned by the Court's electronic filing system (CM/ECF). 3 Although the Court appreciates Plaintiff's efforts in preparing a proposed order, its submission is inconsistent with the Court's Administrative Procedures for Electronic Filing, Section IV.A.4, that states, "No proposed order may be submitted unless authorized by the assigned judge." See also Local Rule 1.01(a). -2-