Simonelli v. Colvin

Filing 19

ORDER granting 17 MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS - by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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NOEL A. SIMONELLI,

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

CASE NO. 3:16-cv-05803 DWC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES, EXPENSES 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. 4. This matter is before the Court on “Plaintiff’s Motion for Attorney Fees and Costs
19 under EAJA.” Dkt. 17.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

21 motion and attorney time itemization (Dkt. 17), and the relevant record, the Court orders EAJA
22 attorney’s fees of $6,358.44, expenses of $10.68, and costs, pursuant to 28 U.S.C. § 1920, of
23 $400.00, for a total of $6,769.12 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560
24 U.S. 586, 591–97 (2010).
ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
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 there is an offset, any
3 remainder shall be made payable to Plaintiff, based on the Department of the Treasury’s Offset
4 Program and standard practices. Any check for the EAJA Award shall be made payable to
5 Plaintiff, Noel Simonelli, and mailed to Plaintiff’s counsel, Todd R. Renda, 6413 19th Street
6 West, Suite 21, Tacoma, WA 98466-6223.
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Dated this 31st day of May, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
AND COSTS - 2