Lagois v. Berryhill

Filing 32

ORDER granting in part and denying in part Plaintiff's 30 Amended Motion for Attorney Fees and Expenses, signed by Judge Marsha J. Pechman. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LOUIS ANTHONY LAGOIS,

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Plaintiff,

CASE NO. C17-310 MJP
ORDER ON MOTION FOR
ATTORNEY’S FEES

v.

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NANCY A. BERRYHILL,

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Defendant.

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The above-entitled Court, having received and reviewed:

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1. Plaintiff’s Amended Motion for Attorney Fees and Expenses Under the Equal Access

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to Justice Act (Dkt. No. 30);

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2. Defendant’s Response to Plaintiff’s Motion for Attorney Fees (Dkt. No. 28) 1;

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3. Plaintiff’s Reply to Response to Motion for Attorney Fees (Dkt. No. 29);

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all attached declarations and exhibits; and relevant portions of the record, rules as follows:

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Defendant filed nothing in response to Plaintiff’s Amended Motion for fees and expenses; the Court assumes that
the Social Security Administration’s position is thus adequately expressed in its original responsive brief.

ORDER ON MOTION FOR ATTORNEY’S FEES - 1

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IT IS ORDERED that the motion is PARTIALLY GRANTED and PARTIALLY

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DENIED. Plaintiff’s attorney will be awarded fees at the statutory EAJA rate; the Court cannot

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find bad faith on the part of the Government and declines to order fees at the market rate

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permitted by the bad faith section of the EAJA.

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The Court cannot find, on the record before it, that the Government’s conduct in this case

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rises to the level of “vexatious, wanton or oppressive” required to support a finding of bad faith.

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Brown v. Sullivan, 916 F.2d 492, 495 (9th Cir. 1990). Accordingly, fees will be awarded at the

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statutory rate of $196.79/hour (adjusted with cost of living increases) for the 47.7 hours claimed

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by Plaintiff’s counsel. When Plaintiff’s expenses of $400.00 are included, the total award

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amounts to $9.386.87; and

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(1) That amount is awarded to Plaintiff, to be delivered to Plaintiff’s counsel; however,

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(2) The Acting Commissioner shall contact the Department of Treasury after this order is

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entered to determine if the EAJA award is subject to any offset. If the U.S.

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Department of the Treasury verifies to the Office of General Counsel that Plaintiff

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does not owe a debt, the Government shall honor Plaintiff’s assignment of EAJA

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award and pay the EAJA award directly to George Andre Fields, Plaintiff’s attorney.

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If there is an offset, any remainder shall be made payable Plaintiff, based on the

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Department of the Treasury’s Offset Program and standard practices, and the payment

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shall be electronically directed to Plaintiff’s counsel, George Andre Fields, at P.O.

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Box 231024, Sacramento, CA 95823.

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ORDER ON MOTION FOR ATTORNEY’S FEES - 2

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The clerk is ordered to provide copies of this order to all counsel.

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Dated: April 17, 2018.

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A
The Honorable Marsha J. Pechman
United States Senior District Court Judge

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ORDER ON MOTION FOR ATTORNEY’S FEES - 3