Garcia v. Colvin

Filing 21

ORDER granting 18 Stipulated Motion for Attorney Fees by Judge David W. Christel.(SH)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 SHEILA GARCIA, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 3:16-cv-05763 DWC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS 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 Consent to Proceed before a United States Magistrate 18 Judge, Dkt. 5. This matter is before the Court on Plaintiff’s “Stipulated Motion for Attorney 19 Fees, Expenses, and Costs.” Dkt. 178 20 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of 21 the parties (Dkt. 18), attorney time itemization (Dkt. 20-1), and the relevant record, the Court 22 orders EAJA attorney’s fees of $5,337.24, and costs, pursuant to 28 U.S.C. § 1920, of $400.00, 23 for a total of $5,737.24 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 24 591–97 (2010). Plaintiff’s attorney will refund to Plaintiff any money paid toward the costs. ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS - 1 1 The Acting Commissioner shall contact the Department of Treasury after this Order is 2 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the 3 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the 4 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly 5 to Christopher Dellert, Plaintiff’s counsel. If there is an offset, any remainder shall be made 6 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard 7 practices, and the check shall be mailed to Plaintiff’s counsel, Christopher Dellert, Dellert Baird 8 Law Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497. 9 Dated this 24th day of May, 2017. A 10 11 David W. Christel United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?