Root v. Astrue

Filing 31

ORDER granting 29 Stipulated Motion for EAJA Fees and Expenses by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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FILICIA ROOT,

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

CASE NO. 11-cv-05713 JRC
ORDER ON STIPULATION FOR
EQUAL ACCESS TO JUSTICE ACT
FEES AND EXPENSES

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

17 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
18 and Consent Form, ECF No. 4; Consent to Proceed Before a United States Magistrate Judge,
19 ECF No. 6). This matter is before the Court on plaintiff’s Stipulated Moion for Equal Access to
20 Justice Act Fees and Expenses (see ECF No. 29).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (hereinafter “EAJA”), the

22 Stipulation of the parties (see ECF No. 29), and attorney Declaration and time and expense
23 itemizations (ECF No. 30, with attachments 1 and 2), it is hereby ORDERED that EAJA
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ORDER ON STIPULATION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

1 attorney’s fees of $4,082.08 and expenses in the amount of $17.37, shall be awarded to plaintiff
2 pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S.
3 LEXIS 4763 at ***6-***7 (2010).
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If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed under

5 the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made
6 payable to Stephen A. Maddox, based on plaintiff’s assignment of these amounts to plaintiff’s
7 attorney (see Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees, ECF No.
8 8). The same procedure applies for any remainder following any offset. Any check for EAJA
9 fees shall be mailed to plaintiff’s counsel, Stephen A. Maddox, at 410-A South Capitol Way,
10 Olympia, Washington 98501.
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Dated this 1st day of November, 2012.

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A
J. Richard Creatura
United States Magistrate Judge

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