Robair v. Berryhill

Filing 16

ORDER granting 14 Unopposed 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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MARION REENE ROBAIR,
Plaintiff,

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

CASE NO. 3:17-CV-05406-JRC
ORDER ON UNOPPOSED
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. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 4).

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This matter is before the Court on plaintiff’s Motion for Attorney Fees and Costs under EAJA

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(see Dkt. 14). Defendant does not object to plaintiff’s motion. See Dkt. 15.

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

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motion, the attorney certification and time and expense itemizations (see Dkt. 14), and the

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relevant record, it is hereby ORDERED that EAJA attorney’s fees of $6,710.54 and expenses in

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

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the amount of $10.68, shall be awarded to plaintiff pursuant to the EAJA and consistent with

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Astrue v. Ratliff, 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 $400.00 shall be awarded to plaintiff
pursuant to 28 U.S.C. § 1920.

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The Acting Commissioner agrees to contact the Department of Treasury after the Order

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

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are 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 Todd R. Renda, Esq.,

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based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Representative Fee

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Agreement for Federal Court Appeals, Dkt. 14, Attachment 2). If there is an offset, the

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

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

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and costs shall be mailed to plaintiff’s counsel, Todd R. Renda, Esq., at 6314 19th Street, West,

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Suite 21, Tacoma, WA 98466-6223.

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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 UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 2