Koen v. Berryhill
Filing
19
ORDER granting 17 Motion for EAJA Attorney Fees 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
JAMES R. KOEN,
Plaintiff,
11
12
13
14
15
16
v.
NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations,
CASE NO. 3:17-CV-5575 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
EXPENSES
Defendant.
This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
17
Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
18
and Consent Form, Dkt. 1; Consent to Proceed Before a United States Magistrate Judge, Dkt. 2).
19
This matter is before the Court on plaintiff’s Unopposed Motion for Equal Access to Justice Act
20
Fees and Expenses (see Dkt. 17, 18).
21
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the attorney
22
declaration and time and expense itemizations (Dkt. 17-2, 17-3), and the relevant record, it is
23
hereby ORDERED that EAJA attorney’s fees of $6,346.22 and expenses in the amount of $5.70,
24
ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND EXPENSES - 1
1
shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct.
2
2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).
3
The Acting Commissioner shall contact the Department of Treasury after the Order for
4
EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any
5
offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed
6
pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees shall
7
be made payable to Eitan Kassel Yanich, based on plaintiff’s assignment of these amounts to
8
plaintiff’s attorney (see Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees,
9
Dkt. 16). If there is an offset, the remainder shall be made payable to plaintiff, based on the
10
practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any
11
check for EAJA fees shall be mailed to plaintiff’s counsel, Eitan Kassel Yanich, at 203 Fourth
12
Avenue E., Suite 321, Olympia, WA 98501.
13
Dated this 5th day of September, 2018.
14
15
A
16
J. Richard Creatura
United States Magistrate Judge
17
18
19
20
21
22
23
24
ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND EXPENSES - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?