Garcia v. Colvin

Filing 19

ORDER DIRECTING PLAINTIFF TO PROVIDE ADDITIONAL DOCUMENTATION by Judge David W. Christel. Plaintiff is directed to provide additional information by 6/12/2017.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SHEILA GARCIA,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

CASE NO. 3:16-CV-05763-DWC
ORDER DIRECTING PLAINTIFF TO
PROVIDE ADDITIONAL
DOCUMENTATION

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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, Dkt. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5.
19 This matter is before the Court on Plaintiff’s Stipulated Motion for Attorney Fees Pursuant to 28
20 U.S.C. § 2412(D). Dkt. 18.
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An application for attorney’s fees under the Equal Access to Justice Act (“EAJA”) must

22 include “an itemized statement from any attorney . . . stating the actual time expended and the
23 rate at which fees and other expenses were computed.” 28 U.S.C. § 2412(d)(1)(B). An
24 application must also include an affidavit reflecting Plaintiff’s net worth did not exceed
ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDITIONAL DOCUMENTATION - 1

1 $2,000,000.00 at the time the civil action was filed. See 28 U.S.C. § 2412(d)(2)(B). Finally, as
2 the EAJA awards attorney’s fees to “the prevailing party,” an application for fees payable
3 directly to a plaintiff’s attorney must include an assignment of the EAJA fee award from the
4 plaintiff to his or her attorney. See 28 U.S.C. § 2412(d)(1)(A); Astrue v. Ratliff, 560 U.S. 586,
5 598 (2010).
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The Motion did not include an: (1) itemized statement from Plaintiff’s attorney

7 representing the hours expended and the hourly rate; (2) affidavit reflecting her net worth did not
8 exceed $2,000,000.00 at the time the civil action was filed; and (3) assignment of the EAJA fee
9 award. See Dkt. 18. Plaintiff is directed to provide to the Court with the above identified
10 documents on or before June 12, 2017.
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Dated this 22nd day of May, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDITIONAL DOCUMENTATION - 2