Zink v Colvin

Filing 20

ORDER granting 19 Motion for Attorney Fees and Costs signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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MARK C. ZINK,
Plaintiff,

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v.

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NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 2:16-CV-01471 JRC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND COSTS

Defendant.

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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. 4; 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 and Costs (see
Dkt. 19).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of
the parties (see Dkt. 19), the time and costs itemizations (Dkt. 19, Attachments 2, 4), and the
relevant record, it is hereby ORDERED that EAJA attorney’s fees of $2,838.99 shall be awarded

ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND COSTS - 1

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to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524,

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2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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It is further ORDERED that costs in the amount of $48.17 shall be awarded to plaintiff
pursuant to 28 U.S.C. §1920.
The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees and costs is entered to determine if the EAJA fees and costs are subject to any offset.

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If it is determined that plaintiff’s EAJA fees and costs are not subject to any offset allowed

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pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees and

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costs shall be made payable to Francisco Rodriguez, Esq., based on plaintiff’s assignment of

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these amounts to plaintiff’s attorney (see Contract of Employment – Federal Court Only, Dkt.

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19, Attachment 3). If there is an offset, the remainder shall be made payable to plaintiff, based

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on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4).

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Any check for EAJA fees and costs shall be mailed to plaintiff’s counsel, Francisco Rodriguez,

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Esq., at Law Office of Francisco Rodriguez, P.O. Box 31844, Seattle, WA 98103.

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Dated this 7th day of November, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND COSTS - 2