Wall v. Colvin

Filing 24

ORDER granting 23 Unopposed Motion for Attorney Fees - by Judge J Richard Creatura.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 BLAYDEN D. WALL, 11 12 Plaintiff, v. 14 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 15 CASE NO. 3:15-cv-05281 JRC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES Defendant. 13 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, Dkt. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7). 19 This matter is before the Court on plaintiff’s Unopposed Motion for Award of Attorney Fees 20 Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (see Dkt. 23). 21 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s 22 unopposed motion and memorandum in support of motion (see Dkt. 23, 23-1), the attorney 23 declaration and time itemization (Dkt. 23-2, 23-3), and the relevant record, it is hereby 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 ORDERED that EAJA attorney’s fees of $6,800.00 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 The Acting Commissioner shall contact the Department of Treasury after the Order for 5 EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined 6 that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 7 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to David M. 8 Church, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see 9 Plaintiff’s Declaration, Dkt. 23-4). If there is an offset, the remainder shall be made payable to 10 plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv11 122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff’s counsel, David M. 12 Church, Esq., at Law Office of David M. Church, PLLC, P.O. Box 656, Moxee, WA 98936. 13 Dated this 16th day of February, 2016. A 14 15 J. Richard Creatura United States Magistrate Judge 16 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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