IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 11, 2010
LATOYA N. PETERS O/B/O, MINOR CHILD, K.R., PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Plaintiff's motion for an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1) is pending before the court. Defendant contends after applying the CPI-U applicable to the area in which plaintiff's counsel performed the services would result in an hourly fee of $178.04. See Sorenson v. Mink, 239 F.3d 1140, 1148-49 (9th Cir. 2001). Defendant did not, however, submit any evidence supporting this contention.
Accordingly, within seven days from the date of this order, defendant shall submit evidence supporting the CPI-U and hourly rate calculations set forth in defendant's brief, including the applicable average CPI-U for 2009, 2010 and March 1996.
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