Pryor v. Colvin

Filing 25

ORDER granting 23 Stipulated Motion for EAJA Fees, Expenses 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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BRYANT EARL PRYOR,
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-01903 JRC
ORDER ON STIPULATION FOR
EQUAL ACCESS TO JUSTICE
ACT FEES, COSTS AND
EXPENSES

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. 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

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with time, costs and expense itemizations (Dkt. 23, Attachment 1), and the relevant record, it is

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hereby ORDERED that EAJA attorney’s fees of $5,094.70 and expenses in the amount of $3.43,

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shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct.

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2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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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

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EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs are

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

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subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then

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the check for EAJA fees, expenses and costs shall be made payable to Rosemary B. Schurman,

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Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Dkt. 23,

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Attachment 1, p. 2). 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, expenses and costs shall be mailed to plaintiff’s counsel, Rosemary B.

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Schurman, Esq., at 8123 NE 115 Way, Kirkland, WA 98034.

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Dated this 8th day of September, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON STIPULATION FOR EQUAL ACCESS TO
JUSTICE ACT FEES, COSTS AND EXPENSES - 2