Garcia v. Colvin

Filing 21

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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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 ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND COSTS

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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 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
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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

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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.
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Dated this 24th day of May, 2017.

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David W. Christel
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND COSTS - 2