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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1 2 3 4 KELSEY MACKENZIE BROWN, CA #263109 Mackenzie Legal, PLLC 1003 Whitman Street Tacoma, WA. 98406 Phone: (206) 300-9063 Email: kelsey@mackenzielegal.com 5 Attorney for Plaintiff 6 IN THE UNITED STATES DISTRICT COURT 7 8 9 10 11 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, 12 Defendant. 13 14 The parties agree that Plaintiff is entitled to an award of attorney’s fees and expenses to 15 be paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 16 § 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 17 18 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. 19 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to any offset 20 allowed under the Department of the Treasury’s Offset Program, then the check for EAJA fees 21 shall be made payable to Kelsey Mackenzie Brown, based upon Plaintiff’s assignment of these 22 amounts to Plaintiff’s attorney. The check for any costs should be made payable to Mackenzie 23 Legal, PLLC. 24 25 26 1 1 The parties agree that whether these checks are made payable to Plaintiff, or to Kelsey 2 Mackenzie Brown, they shall be mailed to Plaintiff's attorney at the following address: 3 Mackenzie Legal, PLLC, c/o Kelsey M Brown, 1003 Whitman Street, Tacoma, WA 98406. 4 Respectfully submitted, 5 Dated this 12th day of December 2017: 8 s/ KELSEY MACKENZIE BROWN Kelsey Mackenzie Brown, CA #263109 1003 Whitman Street Tacoma, WA 98406 Telephone: (206) 300-9063 Kelsey@mackenzielegal.com 9 Of Attorneys for Plaintiff 6 7 10 Dated this 12th day of December 2017: 14 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 15 Of Attorneys for Defendant 11 12 13 16 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.1 17 18 Dated: January 10, 2018 19 20 21 22 23 24 25 26 DLB:6 DB\orders\orders.soc sec\wise2465.stip.eaja.ord 1 Plaintiff’s November 21, 2017 motion for EAJA fees (ECF No. 28) is accordingly denied as having been rendered moot. 2

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