Reece v. Astrue
Filing
27
ORDER granting 25 Motion for Attorney Fees by Judge J Richard Creatura.(SH)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
8
9
10
CHELSIE I. REECE,
11
12
13
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of
the Social Security Administration,
CASE NO. 12-CV-05225 JRC
ORDER GRANTING MOTION FOR
EQUAL ACCESS TO JUSTICE ACT
FEES AND EXPENSES
14
Defendant.
15
16
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. 5; Consent to Proceed Before a United States Magistrate Judge,
19 ECF No. 8). This matter is before the Court on the Plaintiff’s Petition for Award of Attorney’s
20 Fees, Costs & Expenses Pursuant to the Equal Access to Justice Act 28 U.S.C. §§ 2412, 1920 &
21 Supporting Affidavit (see ECF No. 25). Defendant responded explicitly that he has no objection
22 (see ECF No. 26).
23
24
ORDER GRANTING MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1
1
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412 (hereinafter “EAJA”), and 28
2 U.S.C. § 1920, as well as the relevant record, the lack of an objection and the Petition of Plaintiff
3 (see ECF No. 25), it is hereby ORDERED that EAJA attorney’s fees of $4,836.57, expenses of
4 $20.88 (service by certified mail) and costs of $14.95 (copies and postage) for a total of
5 $4,872.40, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v.
6 Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).
7
If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed under
8 the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made
9 payable to Rosemary B. Schurman, based on plaintiff’s assignment of these amounts to
10 plaintiff’s attorney (see ECF No. 25, pp. 2, 4). The same procedure applies for any remainder
11 following any offset. Any check for EAJA fees shall be mailed to plaintiff’s counsel, Rosemary
12 B. Schurman, at 8123 NE 115 Way, Kirkland, Washington 98034.
13
Dated this 2nd day of November, 2012.
14
15
A
J. Richard Creatura
United States Magistrate Judge
16
17
18
19
20
21
22
23
24
ORDER GRANTING MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?