Ermey v. Colvin

Filing 19

ORDER granting 15 Motion for EAJA Attorney Fees and Costs - 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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LETICIA ERMEY,
Plaintiff,

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v.

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

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CASE NO. 3:16-cv-05865 JRC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND COSTS

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. 4; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5).
This matter is before the Court on plaintiff’s Motion for Equal Access to Justice Act Fees (see
Dkt. 15). Defendant has no objection to plaintiff’s motion (see Dkt. 18).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
(see Dkt. 15), the attorney declaration (see Dkt. 16), the memorandum of law in support of the
motion (see Dkt. 17), the time and costs itemizations (see Dkt. 15, Attachment 1), and the

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

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relevant record, it is hereby ORDERED that EAJA attorney’s fees of $5,528.05 shall be awarded

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to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524,

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2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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It is further ORDERED that costs in the amount of $400.00 shall be awarded to plaintiff
pursuant to 28 U.S.C. §1920.
The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees and costs is entered to determine if the EAJA fees and costs are subject to any offset.

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

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

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costs shall be made payable to D. James Tree, Esq., based on plaintiff’s assignment of these

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amounts to plaintiff’s attorney (see Written Fee Agreement, Dkt. 15, Attachment 2). If there is

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

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

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fees shall be direct deposited into the Tree Law Office account or mailed to plaintiff’s counsel,

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D. James Tree, Esq., at Tree Law Office, 3711 Englewood Avenue, Yakima, WA 98902.

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Dated this 5th day of December, 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 COSTS - 2