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)

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