Scott v. Colvin

Filing 16

ORDER TO PROVIDE ADDITIONAL INFORMATION by Judge David W. Christel. Plaintiff is directed to file additional information by 6/5/2017.(SH)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 KYLA JERESE SCOTT, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 3:16-CV-05834-DWC ORDER DIRECTING PLAINTIFF TO PROVIDE SUPPORTING DOCUMENTATION FOR A MOTION FOR ATTORNEY’S FEES 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 Notice of Initial Assignment to a U.S. Magistrate Judge 18 and Consent Form, Dkt. 4; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5. 19 This matter is before the Court on Plaintiff’s Stipulated Motion for Equal Access to Justice Act 20 (“EAJA”) Fees, Costs and Expenses. Dkt. 14. 21 An application for attorney’s fees under the EAJA must include “an itemized statement 22 from any attorney . . . stating the actual time expended and the rate at which fees and other 23 expenses were computed.” 28 U.S.C. § 2412(d)(1)(B). An application must also include an 24 affidavit reflecting Plaintiff’s net worth did not exceed $2,000,000.00 at the time the civil action ORDER DIRECTING PLAINTIFF TO PROVIDE SUPPORTING DOCUMENTATION FOR A MOTION FOR ATTORNEY’S FEES - 1 1 was filed. See 28 U.S.C. § 2412(d)(2)(B). Finally, as the EAJA awards attorney’s fees to “the 2 prevailing party,” an application for fees payable directly to a plaintiff’s attorney must include an 3 assignment of the EAJA fee award from the plaintiff to his or her attorney. See 28 U.S.C. § 4 2412(d)(1)(A); Astrue v. Ratliff, 560 U.S. 586, 598 (2010). 5 Plaintiff’s motion represents Plaintiff assigned his award of fees and costs to his attorney, 6 Todd Renda. However, Plaintiff did not submit to the Court: 1) an affidavit reflecting Plaintiff’s 7 net worth did not exceed $2,000,000.00 at the time the civil action was filed; or 2) a copy of a 8 fee agreement or other assignment of Plaintiff’s interest in the attorney’s fee award to his 9 attorney. The Court will entertain Plaintiff’s motion when these items have been filed. 10 Plaintiff is hereby ordered to provide to the Court: 1) an affidavit or declaration reflecting 11 Plaintiff’s net worth did not exceed $2,000,000.00 at the time the civil action was filed; and 2) a 12 copy of a fee agreement, an affidavit, a declaration, or other assignment of Plaintiff’s interest in 13 the attorney’s fee award to his attorney by June 5, 2017. 14 Dated this 22nd day of May, 2017. A 15 16 David W. Christel United States Magistrate Judge 17 18 19 20 21 22 23 24 ORDER DIRECTING PLAINTIFF TO PROVIDE SUPPORTING DOCUMENTATION FOR A MOTION FOR ATTORNEY’S FEES - 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?