Andrea Shari Ealy v. Carolyn W Colvin

Filing 40

ORDER VACATING NOVEMBER 20, 2018 ORDER; ORDER TO SHOW CAUSE RE APPARENT VIOLATION OF RULE 11 by Magistrate Judge Frederick F. Mumm. (see attached) IT IS HEREBY ORDERED that Bill LaTour and Irene Ramirez appear in Courtroom 580 of the Roybal Feder al Courthouse, located at 255 East Temple Street, Los Angeles, California, on February 26, 2019 at 10:30 a.m., then and there to show cause why they, or either of them, should not be sanctioned pursuant to Federal Rule of Civil Procedure 11(c)(1) and (3) for misrepresenting facts to the Court in declarations and other documents filed in these proceedings (i.e., Docket Nos. 25 and 32). IT IS SO ORDERED. (jm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV15-1008 (FFM)

Title

Andrea Shari Ealy v. Nancy A. Berryhill

Present: The
Honorable

Date

January 31, 2019

Frederick F. Mumm, United States Magistrate Judge

James Munoz

CS

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None

None

Proceedings:

(IN CHAMBERS) ORDER VACATING NOVEMBER 20, 2018 ORDER;
ORDER TO SHOW CAUSE RE APPARENT VIOLATION OF RULE 11

On November 20, 2018, the Court issued an order (the “Section 406(b) Order”)
awarding Bill LaTour of the Law Offices of Bill LaTour (“Counsel”), counsel for
plaintiff Andrea Shari Ealy (“Plaintiff”), $17,457 in attorney’s fees under 42 U.S.C. §
406(b). (Docket No. 28.) On December 17, 2018, Plaintiff filed a document alleging,
inter alia, that an unknown person forged her signature to the May 22, 2015, fee
agreement underlying the attorney’s fees motion. (Docket No. 29.) The Court construed
the document as a motion for reconsideration of the Section 406(b) Order and ordered
Counsel to file a response. (Docket No. 31.) The response denied Plaintiff’s allegations
and asserted that Plaintiff had, in fact, signed the fee agreement. (Docket No. 32.) The
response included a declaration from Counsel’s employee, Irene Ramirez, which stated,
inter alia: “I reviewed the terms of the Federal Fee Agreement with [Plaintiff] which she
executed and returned to this office . . . .” (Docket No. 32 at 3.) Plaintiff filed a reply
asserting under penalty of perjury that Ms. Ramirez “is not telling the truth.” (Docket
No. 33.)
Given the contradictory declarations, the Court held a status conference on January
22, 2019, at which time it advised Plaintiff and Counsel that it would hold an evidentiary
hearing to resolve the dispute. The Court also located an attorney who was willing to
represent Plaintiff without charge for the evidentiary hearing.
On January 28, Counsel filed a document stating that Ms. Ramirez advised him on
January 26 that she had signed Plaintiff’s name on the fee agreement. (Docket No. 39 at
2.) Counsel stated that he would “waive all attorney’s fees in connection with this matter
including 406(a), EAJA and 406(b)” and requested that the Court set aside the order
permitting recovery of attorney’s fees. Counsel also stated that “all attorney fees already
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV15-1008 (FFM)

Date

Title

January 31, 2019

Andrea Shari Ealy v. Nancy A. Berryhill

received by this attorney will be refunded to plaintiff Andrea Shari Ealy upon receipt of
the court’s order.” (Id. at 2.)
Given the foregoing, the Court ORDERS the following:
(1) the Section 406 Order is hereby VACATED;
(2) within five days of the date of this order, Counsel shall refund to
Plaintiff any attorney’s fees obtained by Counsel in these proceedings; and
(3) within seven days of the date of this order, Counsel shall file a
document, supported by affidavit or declaration, demonstrating that he has
complied with the instant order and that any such attorney’s fees have been
refunded.
ORDER TO SHOW CAUSE
IT IS HEREBY ORDERED that Bill LaTour and Irene Ramirez appear in
Courtroom 580 of the Roybal Federal Courthouse, located at 255 East Temple Street, Los
Angeles, California, on February 26, 2019 at 10:30 a.m., then and there to show cause
why they, or either of them, should not be sanctioned pursuant to Federal Rule of Civil
Procedure 11(c)(1) and (3) for misrepresenting facts to the Court in declarations and
other documents filed in these proceedings (i.e., Docket Nos. 25 and 32).
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

JM

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