Kyniston v. Astrue
Filing
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ORDER granting 24 Stipulated Motion for EAJA Fees, Costs and Expenses by Judge J Richard Creatura.(SH)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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GEORGE W. KYNISTON,
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Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of
the Social Security Administration,
CASE NO. 11-cv-6072 JRC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES, EXPENSES AND COSTS
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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
17 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
18 and Consent Form, ECF No. 7; Consent to Proceed Before a United States Magistrate Judge,
19 ECF No. 8). This matter is before the Court on Plaintiff’s Stipulated Motion for Attorney’s Fees
20 Pursuant to 28 U.S.C. § 2412 and for Costs Pursuant to 31 U.S.C. § 1304 and 28 U.S.C. § 1920
21 (see ECF No. 24).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (hereinafter “EAJA”) and
23 the stipulation of the parties (see ECF No. 24), it is hereby ORDERED that attorney’s fees in the
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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
AND COSTS - 1
1 amount of $5,347.13, and expenses in the amount of $19.20, for a total of $5,366.33, shall be
2 awarded to Plaintiff pursuant to 28 U.S.C. § 2412(d) (EAJA), consistent with Astrue v. Ratliff,
3 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010). Plaintiff shall be awarded
4 costs in the amount of $350.00 pursuant to 31 U.S.C. § 1304 and 28 U.S.C. § 1920.
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If it is determined that Plaintiff’s EAJA fees are not subject to any offset allowed under
6 the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made
7 payable to Christopher H. Dellert, based on Plaintiff’s assignment of these amounts to Plaintiff’s
8 attorney. The checks for EAJA fees and costs shall be mailed to Plaintiff’s counsel, Christopher
9 H. Dellert, at Dellert Baird Law Offices, PLLC, 9481 Bayshore Dr. NW, #203, Silverdale, WA,
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Dated this 23rd day of November, 2012.
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A
J. Richard Creatura
United States Magistrate Judge
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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
AND COSTS - 2
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