Park v. Berryhill

Filing 24

ORDER granting 23 Motion for EAJA Attorney Fees; terminating 21 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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CHRISTOPHER PARK,
Plaintiff,

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v.

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

CASE NO. 3:17-CV-5613 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

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Magistrate Judge Rule MJR 13 (see also Consent to Proceed Before a United States Magistrate

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Judge, Dkt. 2). This matter is before the Court on plaintiff’s Stipulated Motion for Attorney Fees

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and Expenses (see Dkt. 23). Plaintiff’s previous Stipulated Motion for Attorney Fees (Dkt. 21) is

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terminated.

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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 time itemization (Dkt. 23-1), and the relevant record, it is hereby

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ORDERED that EAJA attorney’s fees of $4,855.09 shall be awarded to plaintiff pursuant to the

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

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EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at

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***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 James S.

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Coon, based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Social

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Security Retainer Agreement, Dkt. 23-2). If there is an offset, the remainder shall be made

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payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No.

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2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff’s counsel,

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James Coon, at 820 SW 2nd Avenue, Suite 200, Portland, OR 97204.

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Dated this 19th day of September, 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 - 2