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Hale v. Berryhill, 2:17-cv-00567-JRC. (2018)

Court: District Court, D. Washington Number: infdco20180228i66 Visitors: 13
Filed: Feb. 27, 2018
Latest Update: Feb. 27, 2018
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. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5). This matter is before the Court on plaintiff's Stipulated Motion for Attorney Fees ( see Dkt. 14). Based on
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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. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5). This matter is before the Court on plaintiff's Stipulated Motion for Attorney Fees (see Dkt. 14).

Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, ("EAJA"), the stipulation of the parties (see Dkt. 14), the attorney declaration and time and expense itemizations (Dkt. 14, Attachments 2, 3), and the relevant record, it is hereby ORDERED that EAJA attorney's fees of $4,452.18, 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 Victoria B. Chhagan, Esq., based on plaintiff's assignment of these amounts to plaintiff's attorney (see Plaintiff's Declaration Regarding Net Worth and Payment of EAJA Fees, Dkt. 14, Attachment 4; see also Attachment 5). 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, Victoria B. Chhagan, Esq., at Douglas, Drachler, McKee & Gilbrough, 1904 Third Avenue, Seattle, WA 98101.

Source:  Leagle

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