Azevedo v. Commissioner of Social Security

Filing 35

STIPULATION and ORDER Setting Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), signed by District Judge Anthony W. Ishii on 8/16/2013. (IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of $5,250.00 under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d) and expenses in the amount of $50.00 under 28 U.S.C. § 1920, subject to the terms of the above-referenced Stipulation.)(Gaumnitz, R)

1 Sengthiene Bosavanh, Esq. #249801
Milam Law, Inc.
2 330 N. Fulton Street
3 Fresno, CA 93701
[phone]
4 Fax: [phone]
5 Attorney for Plaintiff, Frank Azevedo
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IN THE UNITED STATES DISTRICT COURT FOR
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THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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Plaintiff,
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vs.
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CAROLYN W. CALVERT,
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COMMISSIONER OF SOCIAL
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SECURITY,
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Defendant.
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______________________________)
FRANK AZEVEDO,

Civil Action No. 1:11-cv-01341-AWI-SAB
STIPULATION AND PROPOSED
ORDER SETTLING ATTORNEY'S
FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel

22 that, subject to the approval of the Court, Plaintiff be awarded attorney fees in the amount of
23 $5,250.00 under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d) and expenses in the
24 amount of $50.00 under 28 U.S.C. § 1920, for a total amount of Five Thousand, Three Hundred
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Dollars and Zero Cents ($5,300.00). This amount represents compensation for all legal services
rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. § 2412(d).
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After the Court issues an Order for EAJA Fees and expenses to Plaintiff, the government will

2 consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney.
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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2010 WL 2346547 (U.S. June 14, 2010), the ability to
honor the assignment will depend on whether the fees and expenses are subject to any offset allowed

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under the United States Department of Treasury’s Offset Program. After Order for EAJA fees and
expenses is entered, the government will determine whether they are subject to any offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

9 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of
10 the fees and expenses to be made directly to attorney Sengthiene Bosavanh, pursuant to the
11 assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiffs request for EAJA attorney
fees, and does not constitute an admission of liability on the part of Defendant under the

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all
claims that Plaintiff, and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses

17 in connection with this action.
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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act

19 attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
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Respectfully submitted,
Dated: August 16, 2013

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24 Date: August 16, 2013
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/s/ Sengthiene Bosavanh
(As authorized via email)
SENGTHIENE BOSAVANH
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney

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/s/ Armand D, Roth
Armand D. Roth, Esq.
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

2 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees
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in the amount of $5,250.00 under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d) and
expenses in the amount of $50.00 under 28 U.S.C. § 1920, subject to the terms of the

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above-referenced Stipulation.

7 APPROVED AND SO ORDERED:
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IT IS SO ORDERED.
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10 Dated:
ciem0h
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August 16, 2013
SENIOR DISTRICT JUDGE

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