Blakstad vs Colvin

Filing 22

ORDER Granting 21 Stipulation for EAJA Fees. Signed by Judge Richard F. Boulware, II on 5/26/16. (Copies have been distributed pursuant to the NEF - TR)

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JOHN C. BOYDEN, ESQ.
(SBN 3917)
ERICKSON, THORPE & SWAINSTON, LTD.
P.O. Box 3559
Reno, NV 89505
[phone]
Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRACY M. BLAKSTAD

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Plaintiff,

CASE NO: 2:15-CV-00697-RFB-VCF

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v.
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CAROLYN W. COLVIN
Acting Commissioner of
Social Security,

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Defendant.
________________________/

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STIPULATED MOTION FOR EAJA FEES
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Plaintiff, by and through her counsel of record, JOHN C. BOYDEN, ESQ., of the law firm
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of ERICKSON, THORPE & SWAINSTON, hereby submits its Motion for EAJA Fees. This Motion
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is made and based upon the documents and pleadings on file herein.
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DATED this 19th day of May, 2016.

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ERICKSON, THORPE & SWAINSTON, LTD.
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BY: __/s John C. Boyden_________________
JOHN C. BOYDEN, ESQ.
Attorneys for Plaintiff

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Erickson, Thorpe
& Swainston, Ltd.
P. O. Box 3559
Reno, NV 89505
[phone]

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POINTS AND AUTHORITIES
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Plaintiff’s counsel has incurred attorneys’ fees in the amount of $5822.57 for Linda Ziskin,

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Esq.,1 and the amount of $1008.48 for John C. Boyden, Esq., in preparation of the Motion for

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Remand, for a total of $6831.05, regarding the above-referenced matter. Accordingly, the time

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sheets detailing such hours are attached. However, the parties have conferred, and have stipulated

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to a total EAJA fee of $5450.00. This amount satisfies all claims to EAJA fees in this matter. In

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addition, costs (filing fee), pursuant to 28 U.S.C. § 2412(a)(2), have been incurred in the amount of

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$400.00. (See Docket #1; attached time sheet of John C. Boyden).

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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 two

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

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approximately 36 hours (see attached time records) in connection with this matter, that the current

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EAJA hourly rate, as adjusted for inflation, is $190.28 (based on the 2015-16 CPI-U approved by

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the 9th Circuit; see Memorandum, available on the 9th Circuit website), that Plaintiff's attorneys have

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incurred costs and expenses which are compensable under the EAJA in an amount equal to or greater

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than the amount stipulated to be awarded; and that Plaintiff is entitled to an award of the full amount
of fees, costs, and expenses requested.
Therefore, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, and the stipulated
agreement of the parties, the Court should award these attorneys’ fees ($5450.00) and costs

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Erickson, Thorpe
& Swainston, Ltd.
P. O. Box 3559
Reno, NV 89505
[phone]

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Attorney Ziskin is licensed in Oregon and California, and practices as a contract
associate to Attorney Boyden.
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($400.00) to Plaintiff. Unless there is outstanding federal debt, pursuant to Astrue v. Ratliff, 130
S.Ct. 2521 (2010), and the assignment contained in the attached attorney-client fee agreement, the

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check should be made payable to and mailed to Plaintiff’s attorney, John C. Boyden, Esq., of

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ERICKSON, THORPE & SWAINSTON, LTD., at the address above. (See attached fee agreement

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and addendum containing assignment of fee).

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DATED this 19th day of May, 2016.

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BY: __/s John C. Boyden___________
JOHN C. BOYDEN, ESQ.
Attorney for Plaintiff
Erickson, Thorpe & Swainston, Ltd.

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BY: /s April A. Alongi
(by email authorization)
Assistant Regional Counsel
Social Security Administration, Region IX
160 Spear Street, Suite 800
San Francisco, CA 94105
415-977-8954

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Erickson, Thorpe
& Swainston, Ltd.
P. O. Box 3559
Reno, NV 89505
[phone]

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRACY M. BLAKSTAD

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Plaintiff,

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CASE NO: 2:15-CV-00697-RFB-VCF

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v.

[PROPOSED] ORDER GRANTING
ATTORNEYS’ FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.
________________________

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Plaintiff, TRACY M. BLAKSTAD, by and through her attorneys of record, ERICKSON,

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THORPE & SWAINSTON, LTD., and JOHN C. BOYDEN, ESQ., have petitioned the Court for

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the granting of attorneys’ fees under the EAJA, in the stipulated amount of $5450.00, and costs

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of $400.00.

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Based upon the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, Plaintiff’s EAJA

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petition, and the agreement of the parties, it is hereby ordered that EAJA attorney’s fees shall be

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awarded to Plaintiff, unless there is an allowable offset under the Department of the Treasury’s
Offset Program. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

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If it is determined that Plaintiff’s EAJA fees are not subject to any offset allowed under
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the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made

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payable to Plaintiff’s attorney, John C. Boyden, based upon Plaintiff’s assignment of these

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amounts to Plaintiff’s attorney.

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Any check for EAJA fees should be mailed to Plaintiff’s attorney as follows:
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JOHN C. BOYDEN
ERICKSON, THORPE & SWAINSTON, LTD.
P.O. Box 3559
Reno, NV 89505

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DATED this ____ day of ________, 2016.
26th
May

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IT IS SO ORDERED:
__________________________________
HON. RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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PRESENTED BY:
/s/ John C. Boyden
JOHN C. BOYDEN, ESQ.
ERICKSON, THORPE & SWAINSTON, LTD.
Of Attorneys for Plaintiff

CLIENT: Blakstad 2:15-cv-00697
ATTORNEY: Ziskin

Page 1 of 1

TIMESHEET
Date

Activity

Time

4/6/15

email discussion w/ rep re: potential fed ct case/new
records

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4/14/15

review ALJ decision; rvw file and new evidence; eval
for fed ct.

1.8

review Complaint and associated filings

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10/8/15

review Answer

.1

10/13/15

rvw ct order

.1

11/23/15

inspect transcript

.1

12/2/15

read, outline and annotate ALJ decision; identify issues

2.4

12/3/15

read transcript; annotate; medical research

4.9

12/4/15

finish reading transcript; begin opening portions of
brief; legal research

4.5

12/7/15

draft arguments; continue legal research

5.9

12/8/15

continue writing arguments

4.7

12/9/15

finish args; edit, finalize and file brief

3.8

2/4/16

rvw proposed stip remand terms; review brief; confer
with lead counsel (one atty’s time charged)

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2/8/16

finalize stip remand terms; rvw filed stip remand

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2/19/16

rvw court order of remand; docket for fees

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prepare timesheet and motion; review and adjust
Boyden time sheet

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5/15/15

5/5/16

total hours atty Ziskin

30.6

30.6 @ $190.281
Total EAJA fees requested for J. Boyden (see attached)

$1,008.48

Total EAJA request both attorneys

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$5822.57

$6831.05

EAJA rates pursuant to 9th Cir. website memorandum/Thangaraja.

ATTORNEYS AT LAW

mailing address:
P.O. Box 3559
Reno, Nevada 89505

99 W est Arroyo Street
Reno, Nevada 89509

telephone: [phone]
facsimile: 775.786.4160

Tax ID#: 88-0132965

May 6, 2016
Re:

Blakstad v. Colvin
Client:
Tracy M. Blakstad
Case No:
2:15-cv-00697-RFB-VCF
Statement for Attorney’s Fees and Costs Advanced

DATE

SERVICES RENDERED BY MR. BOYDEN

TIME

RATE

AMOUNT

4/15/15

Review and analysis of file, including medical records, hearing
transcript and correspondence, for determination of fed court
viability and in preparation for filing of Complaint

1.30

$190.28

$247.36

4/15/15

Telephone conference with client re: filing appeal and
proceeding with case; explanation of legal issues and process

0.90

$190.28

$171.25

4/16/15

Preparation of Summons & Complaint, Certificate of Interested
Parties

1.00

$190.28

$190.28

7/8/15

Preparation and review of Affidavit of Service and serve
Summons & Complaint on three Social Security entities

0.40

$190.28

$76.11

7/20/15

Review and analysis of Notice of Association of Counsel

0.10

$190.28

$19.02

10/8/15

Review and analysis of Defendant’s Answer to Complaint

0.10

$190.28

$19.02

10/13/15

Review and analysis of Court Order re: Review of Social
Security Cases; docket deadlines

0.20

$190.28

$38.04

10/14/15

Inspection and review of administrative record, and forward
same to L. Ziskin

0.20

$190.28

$38.04

12/9/15

Review and analysis of Motion to Remand; copy client with
letter of explanation

0.40

$190.28

$76.11

2/19/16

Review and analysis of Report and Recommendation in Favor
of Remand; letter to client with explanation; docket deadlines

0.40

$190.28

$76.11

2/19/16

Review and analysis of Court Order and Judgment; contact
client with explanation of court findings and remand process

0.30

$190.28

$57.08

TOTAL: Attorney J. Boyden

5.30

$1,008.48

Total hours 2015-2016: 5.3 @ $190.28

$1,008.48

Total EAJA fees requested for J. Boyden

$1,008.48

Re:

Frye v. Colvin

Total Hours and Fees:
John Boyden, Esq. 5.30 hours as detailed above. . . . . . . . . . . . . .

$ 1,008.48

Total Fees:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$ 1,008.48

Costs Advanced:
Filing fee for Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400.00
Postage (certified mail for service of Complaint) .. . . . . . . . . . . . $
11.55
Postage (administrative record to L. Ziskin) .. . . . . . . . . . . . . . . . $
21.00
Copies (757 pages - administrative record) . . . . . . . . . . . . . . . . . $
75.70
Total Costs Advanced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$

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508.25