Opinion
Civil Action No. 99-1783 SECTION "LLM"
May 25, 2000
ORDER AND REASONS
Plaintiff, Joan Warden, has filed an application for attorney's fees and expenses under the Equal Access to Justice Act ("EAJA"). 28 U.S.C. § 2412(a), (d). Record Doc. No. Defendant has filed no opposition to the application, and has informed the Court that it has no opposition.
Plaintiff seeks an award of $2,043.75, representing 16.35 hours of attorney time at a rate of $125 per hour and $150.00 in court costs.
A. The Relevant Provisions of the EAJA
Until March 29, 1996, the BAJA provided that "attorney fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee." 28 U.S.C. § 2412(d)(2)(A)(ii) (before 1996 amendment). In Hall v. Shalala, 50 F.3d 367, 370 (5th Cir. 1995), the Fifth Circuit held that the district court has discretion to award attorney's fees at or below the $75 statutory hourly rate, but that the $75 rate is a ceiling which cannot be exceeded unless the district court determines that a higher fee is justified by inflation or a special factor.
The Fifth Circuit in Hall invited the judges of the Eastern District of Louisiana to address any lack of uniformity in fees awarded under the EAJA in this district. Accordingly, the district judges met en banc and issued a General Order dated September 12, 1995, which provided that "`the amount of attorney's fees awarded [under the EAJA] shall be $75.00 per hour, conditioned upon the ability of the judge for good cause to increase the amount of attorney's fees awarded to that which is appropriate under the circumstances.'" Adams v. Chater, 914 F. Supp. 1365, 1369 (E.D. La. 1995) (quoting the General Order).
The EAJA was amended in 1996 to increase the maximum statutory rate from $75 to $125 per hour. 28 U.S.C. § 2412. That amendment applies only to civil actions commenced on or after its effective date of March 29, 1996. Id., Historical and Statutory Note to 1996 Amendment (quoted inFederal Civil Judicial Procedure and Rules 965 (West pamph. 1999 ed.)). In October 1997, the district judges of this Court again met en banc and amended the General Order to conform with the new statutory rate. The General Order now provides "[t]hat in cases in which the Equal Access to Justice Act applies, the amount of attorney's fees awarded may be $125.00 per hour, conditioned upon a finding by the Judge of good cause to increase the amount of attorney's fees to $125.00 or that which is appropriate under the circumstances."
The instant action was commenced after the effective date of the amendments to the statute and the amended General Order. Accordingly, the amended statute and General Order apply to this case.
In determining an appropriate award, the district court must take into account the goals of the EAJA. The hourly rate must satisfy the dual purposes of the EAJA: (1) to ensure adequate representation for those who need it and (2) to minimize the cost of this representation to taxpayers. Baker v. Bowen, 839 F.2d 1075, 1083 (5th Cir. 1988). The Court finds that a rate of $125 per hour is reasonable. This rate satisfies the dual purposes of the EAJA by ensuring adequate representation while minimizing the costs to taxpayers.
B. Computation of Hours and Costs
Plaintiff's counsel has requested compensation for a total of 16.35 hours of work billed at the $125.00 hourly rate. The Commissioner has no objection to plaintiffs request. This Court finds that the hours claimed were reasonable and necessary.
Accordingly, IT IS ORDERED that counsel for plaintiffs Motion for Attorney's Fees and Costs be GRANTED and counsel be awarded attorney's fees at the rate of $125.00 for 16.35 hours for a total award of $2,043.75.