Jones v. Colvin

Filing 25

ORDER granting 24 Stipulated Motion for EAJA 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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TONYA JONES,
Plaintiff,

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

CASE NO. 3:16-cv-06048 JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES

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 Stipulated Motion for Equal Access to Justice Act
Fees. See Dkt. 24.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of
the parties (see Dkt. 24), the attorney declaration and time and expense itemizations (Dkt. 24,
Attachments 2, 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of

ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

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$3,940.31, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v.

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Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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

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EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined

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that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the

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Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Janet Leanne

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Martinez, Esq., 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. 24, Attachment 4.

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If there is 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 mailed to plaintiff’s counsel, Janet Leanne Martinez, Esq., at Douglas, Drachler,

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McKee & Gilbrough, 1904 3rd Avenue, Suite 1030, Seattle, WA 98101.

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Dated this 17th day of July, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2