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Peters v. Astrue

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,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

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.

20100611

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