Stewart v. Colvin

Filing 17

ORDER granting 16 Stipulated Motion for EAJA Fees by Judge J Richard Creatura.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 JESSICA STEWART, Plaintiff, 11 12 13 14 15 v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, CASE NO. 2:16-cv-01260 JRC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES Defendant. 16 17 18 19 20 21 22 23 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6). This matter is before the Court on plaintiff’s Stipulated Motion for Attorney Fees Pursuant to 28 U.S.C. § 2412(d) (see Dkt. 16). Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of the parties (see Dkt. 16), and the relevant record, it is hereby ORDERED that EAJA attorney’s 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 fees of $4,682.12 shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue 2 v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010). 3 The Acting Commissioner shall contact the Department of Treasury after the Order for 4 EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined 5 that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 6 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Dellert Baird 7 Law Offices, PLLC, based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see 8 Dkt. 16, p.1). If there is an offset, the remainder shall be made payable to plaintiff, based on the 9 practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any 10 check for EAJA fees shall be mailed to plaintiff’s counsel, Christopher H. Dellert, Esq., at 11 Dellert Baird Law Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497. 12 Dated this 5th day of June, 2017. A 13 14 J. Richard Creatura United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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