Pryor v. Colvin
Filing
25
ORDER granting 23 Stipulated Motion for EAJA Fees, Expenses and Costs signed by Judge J Richard Creatura.(SH)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
8
9
10
BRYANT EARL PRYOR,
Plaintiff,
11
12
v.
14
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
15
CASE NO. 2:16-cv-01903 JRC
ORDER ON STIPULATION FOR
EQUAL ACCESS TO JUSTICE
ACT FEES, COSTS AND
EXPENSES
Defendant.
13
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. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 4).
This matter is before the Court on plaintiff’s Stipulation for EAJA Fees, Costs and Expenses (see
Dkt. 23; see also Dkt. 24).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of
the parties (see Dkt. 23), Plaintiff’s Petition for Award of Attorney’s Fees, Costs & Expenses
Pursuant to the Equal Access to Justice Act 28 U.S.C. §§ 2412, 1920 & Supporting Affidavit
ORDER ON STIPULATION FOR EQUAL ACCESS TO
JUSTICE ACT FEES, COSTS AND EXPENSES - 1
1
with time, costs and expense itemizations (Dkt. 23, Attachment 1), and the relevant record, it is
2
hereby ORDERED that EAJA attorney’s fees of $5,094.70 and expenses in the amount of $3.43,
3
shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct.
4
2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).
5
6
7
It is further ORDERED that costs in the amount of $408.40 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
8
EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs are
9
subject to any offset. If it is determined that plaintiff’s EAJA fees, expenses and costs are not
10
subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then
11
the check for EAJA fees, expenses and costs shall be made payable to Rosemary B. Schurman,
12
Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Dkt. 23,
13
Attachment 1, p. 2). If there is an offset, the remainder shall be made payable to plaintiff, based
14
on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4).
15
Any check for EAJA fees, expenses and costs shall be mailed to plaintiff’s counsel, Rosemary B.
16
Schurman, Esq., at 8123 NE 115 Way, Kirkland, WA 98034.
17
Dated this 8th day of September, 2017.
A
18
19
J. Richard Creatura
United States Magistrate Judge
20
21
22
23
24
ORDER ON STIPULATION FOR EQUAL ACCESS TO
JUSTICE ACT FEES, COSTS AND EXPENSES - 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?