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Bigelow v. Berryhill, 2:17-CV-00071-JRC. (2017)

Court: District Court, D. Washington Number: infdco20171215e71 Visitors: 20
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES J. RICHARD CREATURA , Magistrate Judge . This Court has jurisdiction pursuant to 28 U.S.C. 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13 ( see also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7). This matter is before the Court on plaintiff's Stipulated Motion for Attorney Fees pursuant to 28 U.S.C. 24
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ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES

This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7). This matter is before the Court on plaintiff's Stipulated Motion for Attorney Fees pursuant to 28 U.S.C. § 2412(d) (see Dkt. 19).

Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, ("EAJA"), the Stipulation of the parties (see Dkt. 19), and the relevant record, it is hereby ORDERED that EAJA attorney's fees of $5,349.44 shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

The Acting Commissioner shall contact the Department of Treasury after the Order for EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined that plaintiff's EAJA fees are not subject to any offset allowed pursuant to the Department of the Treasury's Offset Program, then the check for EAJA fees shall be made payable to Dellert Baird Law Offices, PLLC, based on plaintiff's assignment of these amounts to plaintiff's attorney. If there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff's counsel, Christopher H. Dellert, Esq., at Dellert Baird Law Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497.

Source:  Leagle

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