Xie v. Colvin

Filing 32

ORDER TO PAY EAJA AWARD DIRECTLY TO PLAINTIFF'S COUNSEL. Signed by Judge Joseph C. Spero on April 28, 2016. (jcslc1, COURT STAFF) (Filed on 4/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAN YING XIE,

Case No. 14-cv-02325-JCS

Plaintiff,
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v.
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CAROLYN W. COLVIN,

ORDER TO PAY EAJA AWARD
DIRECTLY TO PLAINTIFF’S
COUNSEL

Defendant.

United States District Court
Northern District of California

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On April 12, 2016 the Court found that Plaintiff is entitled to $7,844 in EAJA fees. See

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Docket No. 30. The Court deferred deciding the question of whether the award should be paid to

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Plaintiff or directly to her counsel and gave the parties 14 days to file additional materials. In

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particular, it asked Plaintiff’s counsel to submit a copy of the fee agreement and/or any other

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document showing that Plaintiff assigned her right to EAJA fees to counsel and asked Defendant

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to file a declaration confirming that it waives the requirements of the Anti-Assignment Act.

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Earlier in the Order, the Court noted that it appeared that the Defendant does waive the

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requirements of the Anti-Assignment Act. Subsequently, Plaintiff’s counsel filed a copy of the fee

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agreement with Plaintiff, reflecting that Plaintiff expressly assigned “any and all court-awarded

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EAJA attorney fees” to her attorney. See Docket No. 31. Defendant did not file the requested

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declaration; nor did it file a declaration expressing any objection to the Court’s previous finding

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that it waives the requirements of the Anti-Assignment Act. The deadline to do so has now

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passed. Accordingly, the Court finds that Defendant waives the requirements of the Anti-

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Assignment Act and orders that the EAJA award be paid directly to Plaintiff’s counsel, Katherine

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Siegfried, subject to any offset for debts Plaintiff owes to the federal government.
IT IS SO ORDERED.
Dated: April 28, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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