FINDINGS AND RECOMMENDATIONS YOULEE YIM YOU , Magistrate Judge . On April 27, 2018, plaintiffs filed the instant case in Multnomah County Circuit Court, Case No. 18CV16779. Complaint, ECF # 1. On the same date, they filed an identical case in this court, J.M. v. Major, 6:18-cv-739-YY, hereafter referred to as the "739 case." Defendants removed the Multnomah County Circuit Court case to this court on May 25, 2018, which resulted in two identical complaints pending before this court in...
ORDER ANNA BROWN , District Judge . It is hereby ORDERED that attorney fees in the amount of $13,692.37 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. Attorney fees will 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 as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt,...
FINDINGS AND RECOMMENDATION JOLIE A. RUSSO , Magistrate Judge . Plaintiff Kenneth K. seeks judicial review of the Social Security Commissioner's final decision denying his applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. Plaintiff argues the Administrative Law Judge (ALJ) erred in (1) finding plaintiff has no severe physical impairments; (2) giving little weight to the lay testimony of plaintiff's nephew;...
Opinion and Order Regarding WaveForm's 56(d) Motion MICHAEL W. MOSMAN , District Judge . Waveform Technologies, Inc. ("Waveform") moves under Fed. R. Civ. P. 56(d) for an order extending the time for it to oppose Dexcom's Motion for Summary Judgment until Dexcom has provided discovery essential to Waveform's opposition. For the reasons below, I GRANT Waveform's Motion. BACKGROUND This patent case involves sensors for continuous glucose monitoring ("CGM") in persons having diabetes....
ORDER ON ATTORNEY FEES MALCOLM F. MARSH , District Judge . Plaintiff brought this action seeking review of the Commissioner's decision to deny her applications for disability insurance benefits and supplemental security income. On October 19, 2015, this Court granted the parties' Stipulated Motion for Remand reversing the administrative law judge's decision and remanding for further proceedings. Order for Remand (ECF No. 20), J. (ECF No. 21). On January 27, 2015, this Court awarded...
ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT MARCO A. HERNANDEZ , District Judge . Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, it is hereby ordered that EAJA attorney's fees of $6093.67 shall be awarded to Plaintiff. If it is determined that Plaintiff's EAJA fees are not subject to any offset allowed under the Department of the Treasury's Offset Program, as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010), then the check for...
OPINION AND ORDER STACIE F. BECKERMAN , United States Magistrate Judge . Plaintiff Mats J rlstr m ("Plaintiff") brings this action against members of the Oregon State Board of Examiners for Engineering and Land Surveying ("Board"), seeking declaratory and injunctive relief under 28 U.S.C. 2201-2202 and 42 U.S.C. 1983. (ECF No. 1.) Plaintiff challenges the constitutionality of certain provisions of Oregon's Professional Engineer Registration Act, Or. Rev. Stat. 672.002-672.325, et...
ORDER YOULEE YIM YOU , Magistrate Judge . The Court GRANTS Plaintiff's alternative request to dismiss this case without prejudice which is contained in Plaintiff's "Motion for an Order to Place Case In Abeyance to Allow the PLRA Exhaustion Requirements" (ECF No. 30), and hereby DISMISSES this action. As such, the Court FINDS MOOT Defendants' Motion for Summary Judgment (ECF No. 25). IT IS SO ORDERED.
OPINION AND ORDER MALCOLM F. MARSH , District Judge . Plaintiff, the United States of America, brings this civil forfeiture proceeding pursuant to 18 U.S.C. 981 and 984; and 28 U.S.C. 1345, 1355, 1356, and 1395, seeking forfeiture of the Defendant real property on the basis that it constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. 1341 (Mail Fraud), 18 U.S.C. 1343 (Wire Fraud), 18 U.S.C. 1344 (Bank Fraud), and 18 U.S.C. 1028(a)(7) (Identity Theft)....
ORDER FOR ATTORNEY FEES PURSUANT TO EAJA JOLIE A. RUSSO , 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 $8360.95 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 "to a federal...
ORDER FOR EAJA FEES MUSTAFA T. KASUBHAI , Magistrate Judge . Based upon the Stipulation of the parties, the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, and 28 U.S.C. 1920, it is hereby ordered that EAJA attorney's fees of $5,158.85 and costs in the amount of $0.00, for a total of $5,158.85, shall be awarded to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). If it is determined that Plaintiffs EAJA fees and costs are not subject to any offset allowed under the...
ORDER FOR ATTORNEY FEES UNDER42 U.S.C. 406(b) THOMAS COFFIN , Magistrate Judge . The court finds and orders an attorney fee of $16,643 pursuant to 42 U.S.C. 406(b). The attorney fee of $6,727.57 allowed pursuant-to the Equal Access to Justice Act will be refunded to Plaintiff upon counsel's receipt of the allowed 406(b) fee awarded, provided the BAJA fee is not seized by the Treasury Department.
OPINION AND ORDER YOULEE YIM YOU , Magistrate Judge . Defendants Ameriprise Financial Services, Inc. ("AFSI") and RiverSource Life Insurance Company's ("RiverSource") (collectively "defendants") have filed a Motion for Protective Order (ECF #112). Plaintiff, the Estate of Marjory Gail Thomas Osborn-Vincent ("the Estate"), opposes the motion and alternatively proposes its own form of protective order. The parties' proposed orders differ in several material respects. For the reasons set...
OPINION AND ORDER MICHAEL W. MOSMAN , Chief District Judge . On October 17, 2018, Magistrate Judge John V. Acosta issued his Findings and Recommendation (F&R) [28], recommending that I REVERSE and REMAND for fmiher proceedings. Neither party objected. DISCUSSION The magistrate judge makes only recommendations to the court, to which any patiy may file written objections. The comi is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final...
OPINION AND ORDER MICHAEL W. MOSMAN , Chief District Judge . On September 26, 2018, Magistrate Judge Paul Papak issued his Findings and Recommendation (F&R) [96], recommending that I GRANT Defendants' Motion to Dismiss [53] without prejudice as to the third and fifth claims in Plaintiffs Second Amended Complaint [69], and otherwise GRANTED with prejudice. 1 Plaintiff objected to the F&R, with specific objection to Judge Papak's findings on claims three through six. Defendants responded,...
OPINION AND ORDER MICHAEL W. MOSMAN , Chief District Judge . On October 16, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (F&R) [26], recommending that I REVERSE and REMAND for further proceedings. Neither party objected. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the...
OPINION AND ORDER MARCO A. HERNANDEZ , District Judge . Petitioner brings this habeas corpus case pursuant to 28 U.S.C. 2254 challenging the legality of his state-court convictions. For the reasons that follow, the Petition for Writ of Habeas Corpus (#2) is denied. BACKGROUND On January 21, 2005, Corrina Colvin set up a birthday party for Petitioner. As Petitioner was arriving to the party, a male acquaintance approached Colvin from behind and pulled her toward him by her belt loops....
ORDER THOMAS M. COFFIN , Magistrate Judge . Attorneys' fees in the amount of $22,718.25 are hereby awarded to Attorney Tim Wilborn pursuant to 42 U.S.C. 406(b). Previously, this court awarded fees pursuant to the Equal Access To Justice Act (EAJA), 28 U.S.C. 2412. When issuing the 406(b) check, the agency is directed to subtract the amount of the EAJA fee previously received by the attorney and to send to Plaintiffs attorney, Tim Wilborn, at the address above, the balance of $17,552....
ORDER FOR PAYMENT OF ATTORNEY FEES PURSUANT TO EAJA MICHAEL McSHANE , District Judge . IT IS HEREBY ORDERED that attorney fees in the amount of $7,272.38 are hereby awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412 ("EAJA"). Payment of this award shall be made via check payable to Plaintiff and mailed to Plaintiff's attorneys at HARDER, WELLS, BARON & MANNING, P.C., 474 Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award...
OPINION AND ORDER JOLIE A. RUSSO , Magistrate Judge . Plaintiff Jason W. brings this action for judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his application for Title II Disability Insurance Benefits ("DIB"). All parties have consented to allow a Magistrate Judge enter final orders and judgment in this case in accordance with Fed. R. Civ. P. 73 and 28 U.S.C. 636(c). For the reasons set forth below, the Commissioner's decision is...
