Scott v. Colvin

Filing 18

ORDER GRANTING 14 MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KYLA JERESE SCOTT,

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

CASE NO. 3:16-CV-05834-DWC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES

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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 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 Motion for Attorney Fees and Costs under EAJA.”
20 Dkt. 14. Defendant has no objection to Plaintiff’s motion. Dkt. 15.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

22 motion and attorney time itemization (Dkt. 14) and the relevant record, the Court orders EAJA
23 attorney’s fees and expenses of $6,003.03 ($5,992,35 fees + $10.68 expenses) and $400.00 for
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

1 costs under 28 U.S.C. § 1920 (“EAJA Award”), be awarded to Plaintiff. Astrue v. Ratliff, 560
2 U.S. 586, 591–97 (2010).
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The Acting Commissioner shall contact the Department of Treasury after this Order is

4 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
5 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
6 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
7 to Todd R. Renda, Plaintiff’s counsel. If there is an offset, any remainder shall be made payable
8 to Plaintiff, based on the Department of the Treasury’s Offset Program and standard practices,
9 and the check shall be mailed to Plaintiff’s counsel, Todd R. Renda, 6314 19th Street West, Suite
10 21, Tacoma, WA 98466-6223.
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Dated this 24th 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 - 2