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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1 2 3 4 5 6 JOSHUA R. HARRIS, ESQ. Nevada State Bar No. 9580 RICHARD HARRIS LAW FIRM 801 S FOURTH ST. LAS VEGAS NV 89101 Ph: (702) 444-4392 Fax: (702) 444-4455 Email: Attorney for Plaintiff 7 8 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 11 12 MARSHA M. KRESGE, 13 Plaintiff, 14 15 16 17 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 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the 21 amount of FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100 22 ($5518.60) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); and no costs or 23 expenses. This total amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 25 2412(d), 1920. 26 To satisfy the requirements of the Equal Access to Justice Act, Plaintiff alleges that the 27 position of Defendant was not substantially justified, that Plaintiff had a net worth of less than 28 two million dollars at the time this civil action was filed, that Plaintiff's attorneys have 1 1 expended at least 43 hours in connection with this matter, and that the current applicable EAJA 2 hourly rate, as adjusted for inflation, is $195.95 (pursuant to the 9th Circuit Memorandum, 3 available on the 9th Circuit website; see 4 After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider 5 any assignment of EAJA fees to Richard Harris, Esq. The assignment is contained in the Client 6 Fee Agreement, attached. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the 7 ability to honor any such assignment will depend on whether the fees are subject to any offset 8 allowed under the United States Department of the Treasury's Offset Program. After the order 9 for EAJA fees is entered, the Defendant will determine whether they are subject to any offset. 10 If the Department of the Treasury determines that Plaintiff does not owe a federal debt, 11 then the government shall cause the payment of fees to be made directly to Richard Harris, 12 Esq., pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered 13 to Richard Harris, Esq. 14 15 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. 16 17 DATED this 4th day of August 2017. DATED this 4th day of August, 2017. 18 19 20 21 22 23 /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 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 MARSHA M. KRESGE, 7 Plaintiff, 8 Case No. 2:16-cv-03041-MMD-VCF ORDER FOR EAJA FEES vs. 9 10 11 12 NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. 13 14 Based on the Motion being filed, it is hereby ORDERED that attorneys’ fees in the amount 15 of FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100 ($5518.60), 16 pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412, shall be awarded to Plaintiff; made 17 18 19 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. 20 21 22 23 24 25 26 27 28 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: (702) 444-4392 Fx: (702) 444-4455 Email: Of Attorneys for Plaintiff RICHARD HARRIS FOR TIMESHEET CLIENT: Kresge ATTORNEY: HARRIS Date 12/7/16 Activity Time review case for USDC .9 12/27/16 advise paralegal re: problems contacting client .1 12/30/16 Draft Complaint .8 12/30/16 review signed docs and Complaint .1 12/31/16 File IFP, Complaint & Cert of interested parties .2 12/31/16 Review cert of interested parties, cover sheet and IFP .1 1/3/17 rvw judge assignment; discuss consent to magistrate .1 1/13/17 rvw ct order re: IFP and service .1 1/25/17 discuss changing captions due to change in Commissioner (Colvin to Berryhill) .1 03/17/17 email with OGC re stipulation for extension to answer .2 3/18/17 def req to stip to ext for Answer .1 4/19/17 email from OGC paralegal re disk .1 4/19/17 review Answer .1 4/22/17 receive trans; inspect (paper file) .2 6/18/17 review file/read transcript/ annotate medical records 3 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 4.4 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 .1 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 .1 7/21/17 phone message, emails from OGC .1 8/1/17 review proposed stip remand terms, review brief/issues .2 8/2/17 confer, advise client ; emails w/ OGC, accept offer .2 8/3/17 rvw filed stip for remand .1 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

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