Kirk v. Colvin

Filing 20

ORDER granting 19 Stipulated Motion for Attorney Fees by Judge Thomas S. Zilly.(RS)

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1 2 3 4 5 U.S. District Judge Thomas S. Zilly 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 JAMES KIRK, Plaintiff, 3:16-CV-05419-TSZ 11 vs. 12 13 NANCY BERRYHILL, Acting Commissioner of Social Security1, Defendant. ORDER 14 15 16 17 18 19 20 21 The parties’ stipulated motion concerning attorney fees and costs, docket no. 19, is GRANTED, and it is hereby ORDERED that attorney fees in the amount of $2,080.94 and costs in the amount of $400 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. The parties agree that attorney fees will be paid to Plaintiff’s attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 22 1 Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for former Acting Commissioner Carolyn W. Colvin as the defendant in this matter. If Plaintiff has no such debt, then the check shall be made payable to Plaintiff’s attorney 1 2 and mailed to Plaintiff’s attorney’s office as follows: Kevin Kerr, P.O. Box 14490, Portland, OR 3 97293. If Plaintiff has a debt, then the check for any remaining funds after offset of the debt 4 shall be made payable to Plaintiff and mailed to Plaintiff's attorney's office at the address stated 5 above. 6 DATED this 3rd day of February, 2017. A 7 8 Thomas S. Zilly United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Presented by: s/ Kevin Kerr KEVIN KERR, WSB #47715 Schneider Kerr Law Offices PO Box 14490 Portland, OR 97293 (503) 255-9092

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