Manenica v. Astrue

Filing 28

ORDER granting 26 Stipulated Motion for EAJA Fees and Expenses by Judge J Richard Creatura.(SH)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

PETER MANENICA,

11
12
13

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

CASE NO. 12-cv-05131 JRC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND EXPENSES

14
Defendant.
15
16

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. 6; Consent to Proceed Before a United States Magistrate Judge,
19 ECF No. 8). This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to
20 Justice Act Fees and Expenses (see ECF No. 26).
21

Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (hereinafter “EAJA”), the

22 Stipulation of the parties (see ECF No. 26), and attorney Declaration and time and expense
23 itemizations (ECF No. 27, attachments 1, 2), it is hereby ORDERED that EAJA attorney’s fees
24
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

1 of $4,064.86 and expenses in the amount of $17.85, shall be awarded to plaintiff pursuant to the
2 EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at
3 ***6-***7 (2010).
4

If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed

5 pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees shall
6 be made payable to Jeanette Laffoon, Esq., Maddox & Laffoon, P.S., based on plaintiff’s
7 assignment of these amounts to plaintiff’s attorney (see Plaintiff’s Declaration Regarding Net
8 Worth and Payment of EAJA Fees, ECF No. 10). The same procedure applies for any remainder
9 following any offset. Any check for EAJA fees shall be mailed to plaintiff’s counsel, Jeanette
10 Laffoon, Esq., at Maddox & Laffoon, P.S., 410-A South Capitol Way, Olympia, WA 98501.
11

Dated this 17th day of January, 2013.

12
13

A
J. Richard Creatura
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 2