Bonnie J. W. v. Kijakazi
- Becky Thorson
- 0:21-cv-00428
- U.S. District Court · District of Minnesota
- 2
In Bonnie J. W. v. Kijakazi, Judge Thorson granted an attorney-fee motion and awarded $11,562 under the Equal Access to Justice Act.
Plaintiff’s counsel received an Equal Access to Justice Act award of $11,162.00 in attorney’s fees and $400 in costs.
What happened
In Bonnie J. W. v. Kijakazi, the plaintiff’s attorney asked for fees and costs under the Equal Access to Justice Act. The government initially argued that the request was too early because the judgment was not yet final.
The judgment later became final, making the government’s only objection no longer relevant. The court also reviewed the request and found the fees reasonable.
Judge Becky R. Thorson granted the motion. The plaintiff’s counsel was awarded $11,162 in attorney’s fees and $400 in costs, for a total of $11,562.
The detailed version
- Bonnie J. W. v. Kijakazi · No. 0:21-cv-00428
- Becky Thorson
- Sept. 28, 2022
Background
Plaintiff’s counsel moved for an award under the Equal Access to Justice Act, a federal law that can provide attorney’s fees and costs in qualifying cases against the government. The motion requested attorney’s fees and costs, but the opinion does not state the amount initially requested.
The government responded that the motion was premature because the judgment had not yet become final. It argued that the judgment would become final on September 23, 2022, after which the 30-day period for filing the Equal Access to Justice Act request would run until October 23, 2022. The government made no other objection to the fee request.
Court’s analysis
By the time the court ruled, the judgment had become final. The court therefore concluded that the government’s only objection was moot, meaning it no longer presented a live issue. The court separately reviewed the motion and concluded that the requested fees were reasonable.
Ruling
Judge Becky R. Thorson granted plaintiff’s counsel’s Motion for Award of Attorney’s Fees Pursuant to the Equal Access to Justice Act. The order awarded $11,162.00 for attorney’s fees and $400 for costs, for a total award of $11,562.00.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.