Tiff-McCauley v. Colvin

Filing 21

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

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 ASHLEY TIFF-MCCAULEY, 11 Plaintiff, 12 13 14 15 v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, CASE NO. 2:16-cv-01380 JRC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES Defendant. 16 17 18 19 20 21 22 23 24 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. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7. This matter is before the Court on plaintiff’s Motion for EAJA Fees. See Dkt. 16. Defendant has no objection to plaintiff’s motion. See Dkt. 20. Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion, (see Dkt. 16), plaintiff’s Memorandum of Law in Support of Motion for Attorney’s Fees (Dkt. 17), the Declaration of D. James Tree in Support of EAJA Attorney Fees (Dkt. 18), ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 Itemized Billing Statement (Dkt. 16, Attachment 1), and the relevant record, it is hereby 2 ORDERED that EAJA attorney’s fees of $7,129.16 shall be awarded to plaintiff pursuant to the 3 EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at 4 ***6-***7 (2010). 5 The Acting Commissioner shall contact the Department of Treasury after the Order for 6 EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined 7 that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 8 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to D. James 9 Tree, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Written 10 Fee Agreement (Dkt. 16, Attachment 2) and Plaintiff’s Declaration (Dkt. 19). If there is an 11 offset, the remainder shall be made payable to plaintiff, based on the practice of the Department 12 of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall 13 be mailed to plaintiff’s counsel, D. James Tree, Esq., at Tree Law Office, 3711 Englewood 14 Avenue, Yakima, WA 98902. 15 Dated this 14th day of July, 2017. A 16 17 J. Richard Creatura United States Magistrate Judge 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?