Phillips v. Berryhill

Filing 24

ORDER granting 23 Stipulated 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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BRIAN C PHILLIPS,
Plaintiff,

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v.
NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations,

CASE NO. 3:17-CV-05356-JRC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES, EXPENSES AND COSTS

Defendant.
This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge

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and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 8).

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This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to Justice Act

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Fees and Expenses (see Dkt. 23).

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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of

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the parties (see Dkt. 23), the attorney declaration and time and expense itemizations (Dkt. 23,

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Attachments 2, 3, 4), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 1

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of $7,320.59 (which is for work performed by Jeffrey Baird in the amount of $6,080.81 plus

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work performed by Elie Halpern in the amount of $1,239.78) and expenses in the amount of

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$3.43, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff,

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

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It is further ORDERED that costs in the amount of $35.40 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, expenses and costs is entered to determine if the EAJA fees, expenses and costs are

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

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

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the check for EAJA fees, expenses and costs shall be made payable to Elie Halpern, Esq., based

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on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Plaintiff’s Declaration

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Regarding Net Worth and Payment of EAJA Fees, Dkt. 9; Federal Court Retainer Agreement,

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Dkt. 23, Attachment 5). If there is an offset, the remainder shall be made payable to plaintiff,

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based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt.

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22, p. 4). Any check for EAJA fees, expenses and costs shall be mailed to plaintiff’s counsel,

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Elie Halpern, Esq., at Halpern Olivares PLLC, 2102 Carriage Drive SW, Building E102,

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Olympia, WA 98502.

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Dated this 13th day of April, 2018.

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, EXPENSES AND
COSTS - 2