FINDINGS AND RECOMMENDATION JOLIE A. RUSSO , Magistrate Judge . Plaintiff, Brittani Zarate, ("plaintiff") brings this action for judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for Title XVI Social Security Income ("SSI") and Title II Disability Insurance Benefits ("DIB") under the Social Security Act ("Act"). For the reasons set forth below, the Commissioner's decision should be affirmed. PROCEDURAL BACKGROUND On...
ORDER (EAJA FEES) JOLIE A. RUSSO , Magistrate Judge . Based upon the stipulation of the parties, it is hereby ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, an attorney fee in the amount of $7,500.00 is awarded to Plaintiff. It is ordered that the aforementioned attorney fee shall be paid to Plaintiff's attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program...
ORDER FOR ATTORNEY FEES PURSUANT TO EAJA MICHAEL H. SIMON , District Judge/Magistrate Judge . After considering the Stipulated Motion of the parties submitted herein, Order hereby grants that Commissioner shall pay Plaintiff's attorney the sum of $4770.88 upon verification that Plaintiff has no debt to the government which qualifies for offset against the awarded fees, pursuant to the reasoning in Astrue v. Ratliff, 560 U.S. 586 , 130 S.Ct. 2521 , 2527 (2010) (EAJA awards fees subject "...
FINDINGS AND RECOMMENDATION STACIE F. BECKERMAN , Magistrate Judge . Plaintiff Alex Wright ("Plaintiff") filed an Individual Class and Collective Action Allegation Complaint against Defendants Special Logistics Portland, LLC ("SLP") and Peoplease, LLC ("Peoplease"), alleging violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 216, and Oregon state wage and hour laws. (Compl. 19-33.) On April 8, 2017, Plaintiff and Peoplease filed a joint motion to certify a settlement class...
ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Sullivan issued a Findings and Recommendation (#24) on October 30, 2017, in which she recommends that this Court deny Plaintiff's Request for Immediate Remand, and reverse and remand the Commissioner's decision to deny Plaintiff disability benefits. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and...
ORDER GRANTING A WARD OF EAJA FEES, EXPENSES COSTS JOLIE A. RUSSO , Magistrate Judge . ORDER Based upon the Plaintiffs Petition, the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(1)(A) the assignment of EAJA fees to Plaintiffs attorney by Plaintiff, as discussed in Astrue v Ratliff, 130 S.Ct. 2521 U.S. (2010), and 28 U.S.C. 1920 it is hereby ordered that EAJA attorney's fees of $ 5,864.11 and expenses $ 9.31 and costs of $ 11.40 , if not subject to any offset...
OPINION AND ORDER MICHAEL W. MOSMAN , Chief District Judge . This matter comes before me on Plaintiffs Robert and Janet Chatelain's Motion for Attorney Fees [166]. For the reasons stated below, I GRANT in part and DENY in part the Motion. BACKGROUND Plaintiffs Robert and Janet Chatelain own a dairy farm in Tillamook County. In 2009, they decided to retire and began leasing the farm to the Brauns. At the time of the lease, the dairy farm had 230 milking cows, 166 heifers, two bulls, and...
AMENDED OPINION AND ORDER McSHANE , Judge : Petitioner, Gary Lee Walls, is currently serving a 120-month sentence imposed pursuant to a plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(B). On June 23, 2016, he filed a motion to vacate or correct his sentence pursuant to 28 U.S.C. 2255, arguing that the Supreme Court's holding in Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), which invalidated the residual clause of the Armed Career...
OPINION AND ORDER STACIE F. BECKERMAN , Magistrate Judge . Tyler Cochran ("Plaintiff") brings this appeal challenging the Commissioner of the Social Security Administration's ("Commissioner") denial of his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. The Court has jurisdiction to hear this appeal pursuant to 42 U.S.C. 1383(c)(3), which incorporates the review provisions of 42 U.S.C. 405(g). For the reasons...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . ACOSTA, Magistrate Judge: Introduction Plaintiff Beverly Heffington ("Heffington") brings this lawsuit against Defendant Gordon, Aylworth and Tami, P.C. ("GAT"), 1 alleging violations of the Fair Debt Collection Practices Act ("FDCPA"). Heffington claims GAT violated the FDCPA's validation notice provision by failing to make required disclosures during its efforts to collect on her debt. Currently before the court is GAT's Motion...
ORDER MICHAEL J. McSHANE , District Judge . Attorney fees in the amount of $4,668.82 are hereby awarded to Plaintiff pursuant to the Equal Access To Justice Act, 28 U.S. C. 2412(d). Subject to any offset allowed under the Treasury Offset Program, payment of this award shall be made via check sent to Tim Wilbom's address: P.O. Box 370578, Las Vegas, NV 89137. In accordance with the fee assignment which Plaintiff has signed, payment shall be made in Tim Wilborn's name if no debt subject to...
ORDER MARCO A. HERN NDEZ , District Judge . Plaintiff Cory Watkins brought this action seeking review of the Commissioner's final decision to deny Social Security benefits. In an January 15, 2016 Opinion & Order, the Court reversed the Commissioner's decision and ordered that the case be remanded for additional proceedings. Judgment was also entered on January 15, 2016. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. 406(b). Defendant has no objection to the request. The...
OPINION & ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Patricia Sullivan issued a Findings and Recommendation ("F&R") on August 17, 2017, recommending that the Court grant in part Defendants City of Monument ("City") and Pat McCary's motion to dismiss and grant their request for judicial notice. See F&R, ECF 80. Plaintiff has timely filed objections to the F&R. See Pl.'s Objs., ECF 83. The matter is now before the Court pursuant to 28 U.S.C. 636(b)(1) and Federal Rule...
ORDER MICHAEL J. MCSHANE , District Judge . This matter comes before the Court on Defendants' Objections to Magistrate Judge Clarke's Order granting Plaintiff's motion for a protective Order. ECF Nos. 25, 27. Federal Rule of Civil Procedure 72(a) requires that the district judge "consider timely objections and modify or set aside any part of the order that is clearly erroneous or contrary to law." The Court has considered Defendants' Objections, reviewed the record, and finds no error in...
ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Acosta issued a Findings & Recommendation [52] on October 10, 2017, in which he recommends that this Court deny the Petition for Writ of Habeas Corpus [2] filed by Petitioner Scott Nolan Scott and dismiss the case with prejudice. Judge Acosta also recommends that the Court certify that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). The matter is now before...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff Maricela Ramirez ("Plaintiff") brings this pro se lawsuit against Metro West Ambulance Service, Inc. ("Metro West") and several other defendants, alleging medical malpractice, discrimination, retaliation, breach of fiduciary duty, fraud, and intentional infliction of emotional distress. Plaintiff alleges in her Second Amended Complaint ("Complaint") the following claims against Metro West: (1) violation of 42 U.S.C. 1981; (...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Leah Sue Chism ("plaintiff") seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for Disability Insurance Benefits ("DIB"). Because the Commissioner's decision is not supported by substantial evidence, her decision is REVERSED and REMANDED for further proceedings. Procedural Background Plaintiff filed her application for DIB on May 16, 2012,...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff Maricela Ramirez ("Plaintiff") brings this pro se lawsuit against Metro West Ambulance Service, Inc. ("Metro West") and several other defendants, alleging medical malpractice, discrimination, retaliation, breach of fiduciary duty, fraud, and intentional infliction of emotional distress. Plaintiff alleges in her Second Amended Complaint ("Complaint") the following claims against Metro West: (1) violation of 42 U.S.C. 1981; (...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Plaintiff Columbia Sportswear Company ("Columbia") filed suit in March 2017 against Defendants 3MD, Inc., dba Denali Advanced Integration ("Denali"), and Michael Leeper ("Leeper"), alleging Leeper, a former Columbia employee, repeatedly hacked into Columbia's private computer network after he left Columbia for Denali's employ. Leeper has since settled with Columbia the civil claims against him and pleaded guilty to...
OPINION AND ORDER ANNA J. BROWN , Senior District Judge . This matter comes before the Court on Defendant Michael George Lasich's Motion (#32) to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255. For the reasons that follow, the Court DENIES in part and STAYS this matter pending a decision by the Supreme Court in Lynch v. Dimaya, 137 S.Ct. 31 (2016). BACKGROUND On September 6, 2002, Defendant was charged in a Superseding Indictment with two counts of...
