Harris Masonry, Inc.
EAJA fee award reduced by settlement
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This is citable Commission precedent from 1994, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
Harris Masonry had received an attorney-fee award after prevailing in its OSHA case. The Secretary petitioned for review of the hourly rate used in that award, and the parties then settled the Equal Access to Justice Act dispute. The Secretary withdrew the petition, and Harris agreed that its attorney fees would be calculated at the statutory rate of $75 per hour. The agreement reduced the fee component from $7,185 to $5,388.75 for 71.85 hours, with costs still included. The Commission incorporated the agreement, set aside inconsistent portions of the judge's order, and made the settlement its final order.
Decision snapshot
- Cited standard(s): None. This order resolves an attorney-fee award under the Equal Access to Justice Act.
- Outcome: Settled. Attorney fees were reduced to $5,388.75, plus costs, and the Secretary withdrew the petition for review.
- Key point: An EAJA settlement may replace the judge's fee award and become the Commission's final order.
Full text (OSHRC public release)
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SECRETARY OF LABOR, ..
..
Complainant ..
..
v. .. Docket No. 91-2537
HARRIS MASONRY, INC.,
Respondent.
ORDER
This matter is before the Commission on a direction for review entered by Stuart E.
Weisberg, Chairman, on June 14, 1994. The parties have now filed a stipulation and
settlement agreement.
Having reviewed the record, and based upon the representations appearing in the
stipulation and settlement agreement, we conclude that this case raises no matters
warranting further review by the Commission. The terms of the stipulation and settlement
agreement do not appear to be contrary to the purposes of the Equal Access to Justice Act,
5 U.S.C. 8 504, and are in compliance with the Commission’s Rules of Procedure.
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Accordingly, we incorporate the terms of the stipulation and settlement agreement
into this order, and we set aside the Administrative Law Judge’s decision and order to the
extent that it is inconsistent with the stipulation and settlement agreement. This is the final
order of the Commission in this case.
BY DIRECTION OFTHE COMMISSION
Dated July 26, 1994
Executive Secretary
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEAfrTHREVIEw COMMISSION c, '3
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ROBERT 8. REICH, SECRETARY OF LABOR, :
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Complainant0 1
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V. : OSHRC Docket No.
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l 91-2533
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HARRIS MASONRY, iNC, :
:
Respondent. :
:
WPIPULATIOBI AND 8ETTtEMENI) AGReZ!MENT
The parties have reached agreement on a full and complete
settlement and disposition of the issues in this proceeding which
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are currently panding before the Commission. It is hereby
stipulated and agrcdd between tha Complainant, Srcrrtary of rS
Labor, and the.Respondent, Harris Masonry, Inc., that:
1 l The.Secretary hereby withdraws tho Petition for
DiscretionaryRevirw regarding the judge’s award of attcxnoy fees
above the statutory limit under the Equal Access.to Justice Act
(EAJA)@ 5 U.&C. $504.
2 l In recognition of the statutory limit of $75.00 per
hour, respondent agrees to a reduction in the amount awarded by
+ Judge Schoenfcld, from $7,185.00 to $5,X38.75 (71.85 hours @
$75.00 per hour) -in attorney fees, plus costs.
3 Respondent certifies that a copy 9f this Stipulation and /
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Settlement Agreement was posted at the workplace m ‘)
1994, in accordancewith Rules 7 and 100 of the Cosmissi
9 n's
Rules of Procedure%, and will xemain posted for a pwiod of ten
days.
4. There is no authorized employee rsprerentative, and no
affected rmployee elected party status in this cue.
Resprctfullysubmitted,
"MOMAS S. WILLIAMSON, Jr.
Solicitor of Labor
JOSEPH M, WOODWARD.
Associate Solicitor for
OccupationalSafety and Health
DONALD G. SHALHOUB
Deputy Amociata Solicitor for
Occupational
. Safety and Health
DANIEL J. MICK
Counsel for Regional
Trial Litigation
/*t&my f6r.the Aerney for the
-/ Reepondwtt Secretary of Labor
CERTIFICATE OF SERVICE
I:certify that a copy of the fully executed Stipulation and
Settlement agreement was mailed postage prepaid on July 20, 1994:
Henry G. Beamer, Esq.
1330 Grant Building
Pittsburgh, PA 19104
kttorney for the
Secretary of Labor
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