Brief & decision

[Iran C.] v. O’Malley

S.D. Fla. Aug. 21, 2024

In this download

  • The brief or briefs as filed with the court
  • The court’s written decision
  • Searchable PDF, formatted for printing

Written and filed by Sarah H. Bohr

Delivered by email the moment you order

‹ All circuits

Federal court brief

[Iran C.] v. O’Malley

S.D. Fla. Aug. 21, 2024

Reasonableness of EAJA fees sought

$75

One-time purchase · instant download

  • Won in the court listed above — the arguments that worked, as filed
  • Adapt the structure and authorities to your own case
  • No subscription, no account required

About this case

[Iran C.] v. O’Malley, No. 1:22-CV-21108-KMM, 2024 WL 5422244 (S.D. Fla. Aug. 21, 2024), report and recommendation adopted, No. 1:22-CV-21108-KMM, 2025 WL 561071 (S.D. Fla. Feb. 20, 2025) (Report and Recommendation by U.S. Magistrate Judge Lauren F. Lucas, adopted U.S. District Judge K. Michael Moore)

Briefs for purchase: Plaintiff’s Memorandum in Support of Petition for Attorney Fees, Plaintiff’s EAJA Reply, R&R and Order

Topics addressed:

  • EAJA – hourly rate
  • EAJA – market rate
  • EAJA – reasonableness of hours – briefing time
  • EAJA – reasonableness of hours – clerical time
  • EAJA – reasonableness of hours – review of docket entries
  • EAJA – reasonableness of hours – motion for excess pages
  • EAJA – reasonableness of hours – EAJA time
  • EAJA – reasonableness of hours – total time

Rulings addressed: none

Issues briefed:

1) Whether the fees sought under the EAJA are excessive.

Court decision:
The court rejected all arguments asserted by the Commissioner and awarded EAJA fees of $14,213.99, including six hours sought for the EAJA litigation.