Kastel v. Astrue

Filing 22

ORDER granting 21 Stipulated Motion and Awarding EAJA Fees and Expenses by Judge J Richard Creatura.(SC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GEORGE EDWARD KASTEL,
Plaintiff,

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vs.

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MICHAEL J. ASTRUE,
Commissioner of the Social Security
Administration,

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Defendant.

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CIVIL NO. 10-CV-05609-JRC
ORDER ON STIPULATION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge

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and Consent Form, ECF No. 2; Consent to Proceed Before a United States Magistrate Judge, ECF

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No. 11). This matter is before the Court on the plaintiff’s Stipulated Motion for Equal Access to

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Justice Act Fees and Expenses (see ECF No. 21).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (hereinafter “EAJA”), and the

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Stipulated motion, it is hereby ORDERED that EAJA attorney’s fees of $5,279.83 and expenses in
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the amount of $59.84, shall be awarded to plaintiff in accordance with Astrue v. Ratliff, 130 S. Ct.
ORDER RE EAJA FEES - Page 1
[11-cv-05609-JRC]

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2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010). Pursuant to 28 U.S.C. § 1920, costs in

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the amount of $373.00 shall be awarded to plaintiff. If it is determined that plaintiff’s EAJA fees

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are not subject to any offset allowed under the Department of the Treasury’s Offset Program, then

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the check for EAJA fees shall be made payable to plaintiff. Any check for EAJA fees shall be
mailed to plaintiff’s counsel, Teal M. Parham, at 910 12th Avenue – PO Box 757, Longview, WA

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98632.
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DATED this 16th day of September, 2011.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER RE EAJA FEES - Page 2
[11-cv-05609-JRC]