Kresge v. Colvin

Filing 25

ORDER granting ECF No. 23 Motion for Attorney Fees Under the Equal Access to Justice Act. Signed by Judge Miranda M. Du on 8/7/2017. (Copies have been distributed pursuant to the NEF - KR)

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JOSHUA R. HARRIS, ESQ.
Nevada State Bar No. 9580
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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MARSHA M. KRESGE,

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Plaintiff,

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Case No. 2:16-cv-03041-MMD-VCF

vs.
NANCY A. BERRYHILL
ACTING COMMISSIONER of
Social Security,

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

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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 FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100
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($5518.60) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); and no costs or
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expenses. This total amount represents compensation for all legal services rendered on behalf of
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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§
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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
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expended at least 43 hours in connection with this matter, and that the current applicable EAJA

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hourly rate, as adjusted for inflation, is $195.95 (pursuant to the 9th Circuit Memorandum,

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available on the 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

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any assignment of EAJA fees to Richard Harris, Esq. The assignment is contained in the Client

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Fee Agreement, attached. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the

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ability to honor any such assignment will depend on whether the fees are subject to any offset

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allowed under the United States Department of the Treasury's Offset Program. After the order

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for EAJA fees is entered, the Defendant will determine whether they are 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,

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

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to 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 4th day of August 2017.

DATED this 4th day of August, 2017.

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/s/

Joshua R.Harris

JOSHUA R. HARRIS, ESQ.
Richard Harris Law Firm
801 S Fourth Street
Las Vegas NV 89101
Of Attorneys for Plaintiff

/s/

Ellinor Coder

(signed per email authorization 8/3/2017)
ELLINOR CODER, ESQ.
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco CA 94105
Of Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARSHA M. KRESGE,

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Plaintiff,

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Case No. 2:16-cv-03041-MMD-VCF

ORDER FOR EAJA
FEES

vs.

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NANCY A. BERRYHILL,
ACTING COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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

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of FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100 ($5518.60),

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pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412, shall be awarded to Plaintiff; made

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payable to and mailed to Plaintiff’s attorney at the address above. There are no costs or expenses.
7th
DATED this ______ day of August, 2017.

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presented by:

__________________________________
HON. CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
or
HON. MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

/s/ Joshua R. Harris
JOSHUA R. HARRIS, ESQ., Nevada State Bar No. 9580
RICHARD HARRIS LAW FIRM
801 S FOURTH ST. LAS VEGAS NV 89101
Ph: [phone] Fx: [phone]
Email: [e-mail]
Of Attorneys for Plaintiff

RICHARD HARRIS FOR

TIMESHEET
CLIENT: Kresge
ATTORNEY: HARRIS
Date
12/7/16

Activity

Time

review case for USDC

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12/27/16

advise paralegal re: problems contacting client

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12/30/16

Draft Complaint

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12/30/16

review signed docs and Complaint

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12/31/16

File IFP, Complaint & Cert of interested parties

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12/31/16

Review cert of interested parties, cover sheet and IFP

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1/3/17

rvw judge assignment; discuss consent to magistrate

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1/13/17

rvw ct order re: IFP and service

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1/25/17

discuss changing captions due to change in
Commissioner (Colvin to Berryhill)

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03/17/17

email with OGC re stipulation for extension to answer

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3/18/17

def req to stip to ext for Answer

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4/19/17

email from OGC paralegal re disk

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4/19/17

review Answer

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4/22/17

receive trans; inspect (paper file)

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6/18/17

review file/read transcript/ annotate medical records

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6/19/17

finish reading transcript (hearing testimony); read and
annotate ALJ decision

4.5

6/20/17

begin writing opening brief; outline procedural hist;
begin statement of facts

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6/21/17

continue writing opening brief; draft args, legal research

3.5

6/22/17

continue writing opening brief; write args

3.9

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

4.9

note association atty EC

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6/23/17
7/7/17

Case 2:16-cv-03041-MMD-VCF Document 23-3 Filed 08/04/17 Page 2 of 2

7/20/17

def ext

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7/21/17

phone message, emails from OGC

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8/1/17

review proposed stip remand terms, review brief/issues

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8/2/17

confer, advise client ; emails w/ OGC, accept offer

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8/3/17

rvw filed stip for remand

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total hrs

28.2

total 2016: 2.2 @ $192.68*

$423.90

total 2017: 26 @ $195.95

$5094.70

Total
*EAJA rates pursuant to 9th Circuit website memorandum/Thangaraja.

$5518.60