Carol S.D. v. O'Malley
- Dulce Foster
- 0:23-cv-01939
- U.S. District Court · District of Minnesota
- 2
In Carol S.D. v. O’Malley, Judge Foster granted $4,919.62 in Equal Access to Justice Act attorney fees, subject to possible debt offset.
Carol S.D., her attorney Edward C. Olson, and the government are affected. The government must pay the awarded fees, subject to any qualifying debt offset and the conditions described in the order.
What happened
In Carol S.D. v. O’Malley, Carol S.D. asked the court for attorney fees under the Equal Access to Justice Act, a federal law that can require the government to pay certain litigation costs.
The government did not oppose the motion or the requested amount. The court granted the motion and ordered payment of $4,919.62, while explaining that the amount could be reduced to satisfy certain debts Carol S.D. may owe the United States.
Judge Dulce J. Foster directed that payment generally be made to attorney Edward C. Olson, but that any remaining amount after an authorized debt offset be paid by a check to Carol S.D. The check must be delivered to her attorney.
The detailed version
- Carol S.D. v. O'Malley · No. 0:23-cv-01939
- Dulce J. Foster
- Dec. 6, 2024
Background
Carol S.D. moved for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A). She requested $4,919.62 to be paid directly to her attorney, Edward C. Olson. The government did not oppose the motion or the amount requested.
Ruling
The court granted the motion and directed the government to pay $4,919.62. The court explained that the fees may be subject to an offset—meaning a reduction to satisfy a qualifying debt that Carol S.D. may owe the United States under the Treasury Offset Program.
If the Commissioner determines that Carol S.D. has no debt subject to offset and agrees to waive the Anti-Assignment Act’s requirements, the fees will be payable to Edward C. Olson. If she has a qualifying debt and the Commissioner cannot waive those requirements, the remaining fees after the offset will be paid by a check made out to Carol S.D. Any check must be delivered to her attorney at Reitan Law Office. The order was signed by United States Magistrate Judge Dulce J. Foster.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.