Moore v Colvin
Filing
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ORDER granting 20 Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 18 U.S.C. § 2412(d) by Judge J Richard Creatura.(SH)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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JEANNIE M. MOORE,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
CASE NO. 2:15-cv-00360 JRC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES
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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
17 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
18 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
19 This matter is before the Court on plaintiff’s Motion for Award of Attorney Fees Pursuant to the
20 Equal Access to Justice Act, 18 U.S.C. § 2412(d) (see Dkt. 20). Defendant has no objection to
21 plaintiff’s motion (see Dkt. 21).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
23 (see Dkt. 20), the attorney affidavit and time itemization (Dkt. 20, Attachment 2), and the
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1
1 relevant record, it is hereby ORDERED that EAJA attorney’s fees of $2,083.67 shall be awarded
2 to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524,
3 2010 U.S. LEXIS 4763 at ***6-***7 (2010).
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The Acting Commissioner agrees to contact the Department of Treasury after the Order
5 for EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is
6 determined that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the
7 Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made
8 payable to Brock D. Stiles, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s
9 attorney (see Plaintiff’s Declaration, Dkt. 20, Attachment 3). If there is an offset, the remainder
10 shall be made payable to plaintiff, based on the practice of the Department of the Treasury (see,
11 e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff’s
12 counsel, Brock D. Stiles, Esq., at Stiles Law Inc., P.S., P.O. Box 228, 925 Metcalf Street, Sedro
13 Woolley, WA 98284.
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Dated this 10th day of December, 2015.
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J. Richard Creatura
United States Magistrate Judge
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2
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