Chick v. Colvin

Filing 20

ORDER granting 19 Stipulated Motion for EAJA Fees, Costs and Expenses signed by Judge J Richard Creatura.(SH)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

MELISSA A. CHICK,
Plaintiff,

11
12
13
14

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

CASE NO. 3:16-CV-05967 JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES,
EXPENSES AND COSTS

Defendant.

15
16
17
18
19
20
21
22
23
24

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. 7).
This matter is before the Court on plaintiff’s Stipulated Motion for EAJA Fees, Costs and
Expenses (see Dkt. 19).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of
the parties (see Dkt. 19), plaintiff’s petition and attorney declaration with time and expense
itemizations (Dkt. 19, Attachment 1), and the relevant record, it is hereby ORDERED that EAJA
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 1

1

attorney’s fees of $6,732.83 and expenses in the amount of $3.29, shall be awarded to plaintiff

2

pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S.

3

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

4
5
6

It is further ORDERED that costs in the amount of $8.70 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

7

EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs are

8

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

9

subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then

10

the check for EAJA fees, expenses and costs shall be made payable to Rosemary B. Schurman,

11

Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney. If there is an

12

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

13

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

14

expenses and costs shall be mailed to plaintiff’s counsel, Rosemary B. Schurman, at 8123 NE

15

115 Way, Kirkland, WA 98034.

16

Dated this 16th day of October, 2017.

A

17
18

J. Richard Creatura
United States Magistrate Judge

19
20
21
22
23
24
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 2