Kennett v. Colvin

Filing 24

ORDER granting 22 Unopposed Motion for Attorney Fees by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ELLEN K. KENNETT,

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Plaintiff,
v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 3:14-cv-05770 JRC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES 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
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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, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
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This matter is before the Court on plaintiff’s Motion for Equal Access to Justice Act Fees and
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Expenses Pursuant to 28 U.S.C. § 2412 (see Dkt. 22). Defendant has no objection to plaintiff’s
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motion (see Dkt. 23).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
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(see Dkt. 22), the attorney declaration and time and expense itemizations (Dkt. 22, Attachments
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

1 2 and 3), and the relevant record, it is hereby ORDERED that EAJA fees of $6,300.71 and
2 expenses in the amount of $28.39, shall be awarded to plaintiff pursuant to the EAJA and
3 consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7
4 (2010).
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The Acting Commissioner shall contact the Department of Treasury after the Order for

6 EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any
7 offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset
8 allowed pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA
9 fees and expenses shall be made payable to Eitan Kassel Yanich, Esq., based on plaintiff’s
10 assignment of these amounts to plaintiff’s attorney (see Plaintiff’s Declaration Regarding Net
11 Worth and Payment of EAJA Fees, Dkt. 21) and paid directly to plaintiff’s attorney, either by
12 direct deposit or by check payable to him. If there is an offset, the remainder shall be made
13 payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No.
14 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees and expenses shall be mailed to plaintiff’s
15 counsel, Eitan Kassel Yanich, Esq., at Law Office of Eitan Kassel Yanich, PLLC 203 Fourth
16 Avenue E., Suite 321, Olympia, WA 98501.
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Dated this 18th day of November, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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