Jordt v. Colvin

Filing 21

ORDER granting 19 Motion for Attorney Fees signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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COURTNEY T. JORDT,
Plaintiff,

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v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

CASE NO. 3:16-cv-05837 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
EXPENSES

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6.
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees and Expenses Pursuant
to 28 U.S.C. § 2412. See Dkt. 19. Defendant has no objection to plaintiff’s motion. See Dkt. 20.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
(see Dkt. 19), attorney declaration and time and expense itemizations (Dkt. 19, Attachments 2,
3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $6,215.07 and

ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND EXPENSES - 1

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expenses in the amount of $5.41, shall be awarded to plaintiff pursuant to the EAJA and

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consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7

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(2010).

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The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any

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offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset

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allowed pursuant to the Department of the Treasury’s Offset Program, then the EAJA fees and

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expenses shall be paid directly to Eitan Kassel Yanich, Esq., either by direct deposit or by check

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payable to him, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See

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Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees, Dkt. 18. If there is an

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offset, the remainder shall be made payable to plaintiff, based on the practice of the Department

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of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees and

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expenses shall be mailed to plaintiff’s counsel, Eitan Kassel Yanich, Esq., at Law Offices of

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Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501.

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Dated this 25th day of September, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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