Wise v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 1/10/2018 ORDERING payment of Attorney Fees pursuant to Equal Access to Justice Act. (Washington, S)

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KELSEY MACKENZIE BROWN, CA #263109
Mackenzie Legal, PLLC
1003 Whitman Street
Tacoma, WA. 98406
Phone: [phone]
Email: [e-mail]

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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
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DOUG WISE,

EASTERN DISTRICT OF CALIFORNIA
No. 2:15-CV-02465-DB

Plaintiff,
v.

STIPULATED MOTION AND ORDER FOR
ATTORNEYS FEES AND EXPENSES
PURSUANT TO 28 U.S.C. § 2412(d)

NANCY BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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The parties agree that Plaintiff is entitled to an award of attorney’s fees and expenses to

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be paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

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The parties agree that an award of attorney’s fees in the amount of $4,500, shall be
awarded to Plaintiff as a settlement amount.

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If it is determined that Plaintiff’s EAJA fees and expenses are not subject to any offset

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allowed under the Department of the Treasury’s Offset Program, then the check for EAJA fees

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shall be made payable to Kelsey Mackenzie Brown, based upon Plaintiff’s assignment of these

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amounts to Plaintiff’s attorney. The check for any costs should be made payable to Mackenzie

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Legal, PLLC.

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The parties agree that whether these checks are made payable to Plaintiff, or to Kelsey
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Mackenzie Brown, they shall be mailed to Plaintiff's attorney at the following address:
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Mackenzie Legal, PLLC, c/o Kelsey M Brown, 1003 Whitman Street, Tacoma, WA 98406.
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Respectfully submitted,
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Dated this 12th day of December 2017:

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s/ KELSEY MACKENZIE BROWN
Kelsey Mackenzie Brown, CA #263109
1003 Whitman Street
Tacoma, WA 98406
Telephone: [phone]
[e-mail]

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Of Attorneys for Plaintiff

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Dated this 12th day of December 2017:

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s/ KELSEY MACKENZIE BROWN FOR
ASIM MODI
Via email authorization
Social Security Administration
Office of the General Counsel
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
415-977-8942

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Of Attorneys for Defendant

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.1

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Dated: January 10, 2018

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DLB:6
DB\orders\orders.soc sec\wise2465.stip.eaja.ord
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Plaintiff’s November 21, 2017 motion for EAJA fees (ECF No. 28) is accordingly denied as
having been rendered moot.
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