Beatty v. Colvin

Filing 44

ORDER granting 43 Motion for Attorney Fees. ORDERED that attorneys' fees and costs in the amount of $8200.00 shall be awarded to Plaintiff. Signed by Judge Richard F. Boulware, II on 2/27/207. (Copies have been distributed pursuant to the NEF - JM)

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RICHARD A. HARRIS, ESQ.
Nevada State Bar No. 505
RICHARD HARRIS LAW FIRM
801 S FOURTH ST.
LAS VEGAS NV 89101
Ph: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD SCOTT BEATTY,
Plaintiff,

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2:13-cv-01092-RFB-GWF

vs.
ACTING COMMISSIONER of
Social Security,

STIPULATED MOTION FOR
ATTORNEYS’ FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT

Defendant.

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the

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amount of EIGHT THOUSAND TWO HUNDRED DOLLARS ($8200.00) under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); and costs of $400 for reimbursement of the

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filing fee to the court under 28 U.S.C. § 2412(a)(1) and 28 U.S.C. § 1920. See Docket #2, as

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follows: “ORDER Granting 1 Plaintiff's Motion/Application for Leave to Proceed in forma

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pauperis with the caveat that the fees shall be paid if recovery is made.” Id., emphasis added.

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The Government may reimburse the Court directly for the filing fee if a proper showing of

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payment is made to Plaintiff. This total amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with

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28 U.S.C. §§ 2412(d), 1920.

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To satisfy the requirements of the Equal Access to Justice Act, Plaintiff alleges that the

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position of Defendant was not substantially justified, that Plaintiff had a net worth of less than

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two million dollars at the time this civil action was filed, that Plaintiff's attorneys have expended

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at least 43 hours in connection with this matter, and that the current applicable EAJA hourly rate,

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as adjusted for inflation, is $192.68 (pursuant to the 9th Circuit Memorandum, available on the

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9th Circuit website; see http://www.ca9.uscourts.gov/).

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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any

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assignment of EAJA fees to Richard Harris, Esq. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2252-2253 (2010), the ability to honor any such assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of the Treasury's Offset

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Program. After the order for EAJA fees is entered, the Defendant will determine whether they are

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subject to any offset.

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If the Department of the Treasury determines that Plaintiff does not owe a federal debt,

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then the government shall cause the payment of fees to be made directly to Richard Harris, Esq.,

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pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered to

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Richard Harris, Esq.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees and does not constitute an admission of liability on the part of Defendant.

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DATED this 23rd day of February, 2017.

DATED this 23rd day of February, 2017.

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Richard A. Harris

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/s/

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RICHARD A. HARRIS, ESQ.
Richard Harris Law Firm
801 S Fourth Street
Las Vegas NV 89101
Attorney for Plaintiff

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/s/ Jeffrey Chen

(signed per email authorization)
JEFFREY T. CHEN, ESQ.
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco CA 94105
Of Attorneys for Defendant

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RICHARD A. HARRIS, ESQ.
Nevada State Bar No. 505
RICHARD HARRIS LAW FIRM
801 S FOURTH ST.
LAS VEGAS NV 89101
Ph: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD SCOTT BEATTY ,

Case No. 2:13-cv-01092-RFB-GWF

Plaintiff,
vs.

PROPOSED ORDER
FOR EAJA FEES

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ACTING COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Based on the Motion being filed, it is hereby ORDERED that attorneys’ fees and costs in the

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amount of EIGHT THOUSAND TWO HUNDRED EIGHTEEN DOLLARS AND 00/100

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($8200.00), pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412, shall be awarded to

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Plaintiff; made payable to and mailed to Plaintiff’s attorney at the address above.

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DATED this ______ day of _______________________, 2017.
27th
February

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___________________________________
Hon. Richard F. Boulware, II
UNITED STATES MAGISTRATE JUDGE
United States District Court

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presented by:
/s/
RICHARD A. HARRIS, ESQ., Nevada State Bar No. 505
RICHARD HARRIS LAW FIRM
801 S FOURTH ST. LAS VEGAS NV 89101
Ph: [phone] Fx: [phone]
Email: [e-mail]
Attorney for Plaintiff

Richard A. Harris

RICHARD A. HARRIS, ESQ

TIMESHEET
CLIENT: Beatty
ATTORNEY: ZISKIN
Beatty v. Astrue 2:13-cv-01092-APG-GWF
Date

Activity

Time

4/29/13

review case for USDC

1.2

8/30/13

review Answer

.1

9/3/13

review procedural order

.1

9/4/13

receive admin record; inspect; docket

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1/30/14

review file/read transcript/annotate ALJ decision

4.5

1/31/14

finish reading transcript; begin writing opening brief;
outline procedural history; begin statement of facts

5.6

2/3/14

continue writing opening brief; draft args, legal research

5.5

2/4/14

continue writing opening brief; write args

4.9
6.2

2/5/14

finish writing opening brief;edit, finalize, file opening
brief

2/5/14

note def notice of change of atty

.1

2/19/14

note def notice of appearance

.1

2/21/14

approve def req for extension; rvw motion

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2/24/14

rvw order re: def ext

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5/6/14

rvw def’s cross motion, response

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6/20/14

review case file, ALJ decision, prior brief; read def brief

1.5

6/21/14

annotate, outline def’s brief, legal research; draft args;
complete reply brief

4.2

10/16/14

rvw court order re: recusal

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10/20/14

rvw case reassignment; note change in case #

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2/20/15

review briefs and ALJ decision; read court opinion;
discuss with rep to convey info to client as to status of
case

1.7

3/9/15

review def objections

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3/25/15

review prior briefs and magistrate report; legal research;
draft args

1.5

3/26/15

write reply to objections

2.9

7/17/15

note def change of atty

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9/21/15

note association of def counsel

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12/20/15

note court order re resubmission of record; discuss with
law firm staff/opposing counsel

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1/6/15

approve def request for ext

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1/11/16

rvw court order

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8/29/16

read court order accepting R&R; discuss with staff re:
communicating with client

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9/6/16

discuss with staff re: no judgment

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11/23/16

read amended order

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11/24/16

assist paralegal in drafting email to court regarding entry
of judgment

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11/28/16

rvw judgment; docket for fees

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Total hours LZ

43

total hours 2013: 1.5 @ $187.021
total hours 2014: 33.4 @$190.06

$6348.00

total hours 2015: 6.9 @$190.28

$1312.93

total hrs 2016: 1.2 @ $192.68

$231.22

Total EAJA fee requested Atty Ziskin

$8172.68

plus fee from attached Attorney Harris time sheet, plus
paralegal time

$273.88

Total EAJA fee requested

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$280.53

$8446.56

EAJA rates pursuant to 9th Circuit memo/ Thangaraja.
See http://www.ca9.uscourts.gov/.

Ziskin time sheet

Beatty v. Astrue 2:13-cv-01092-APG-GWF

Page 2

RICHARD A. HARRIS, ATTORNEY AT LAW

Beatty v. Astrue---- 2:13-cv-01092-APG-GWF

Contemporaneous Time Record Of Legal Services At The U.S. District Court Level:
DATE
06/20/13
07/10/13
09/09/13
02/06/14
02/21/14
01/06/15
03/04/15
05/08/15
01/06/16
08/31/16
09/02/16
11/07/16

NATURE OF LEGAL SERVICES
Draft & file complaint
File Certificate of Interested Parties
Calendar scheduling order dates
Contact with client re status
Email re Commissioner’s request for extension of time.
Contact with client re status
Review and send email to Ziskin of Report & Recommendation
Contact with client re status
Call from OGC re resubmission of certified copy
Contact with client re status
Contact with client re status
Contact with client re status
total hours
Calculated @ hourly rate per CPI Thangaraja:
2013 $187.02 x .6 = $112.21
2016 $191.70 x .1 = $19.17
P= Paralegal time $75.00/hr x 1.9 142.50

(paralegal time pursuant to Richlin v. Cherthoff.)

TIME
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.2
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.2
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.2
.1
.2
.2
.2
2.0
$273.88

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P
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P
P
P