Gitthens v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER for Attorney's Fees and Expenses. Fees under the Equal Access to Justice Act in the amount of $6,018.45 shall be awarded in accordance with the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 4/21/2014. (Timken, A)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 SHARON GITTHENS, Civil No. 1:12-CV-01997-SKO 13 Plaintiff, 14 v. 15 16 CAROLYN W. COLVIN, Acting Commissioner of Social Security, STIPULATED MOTION FOR ATTORNEYS FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412(d); ORDER THEREON 17 Defendant. 18 The parties agree that Plaintiff is entitled to an award of attorney’s fees and expenses to 19 be paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 20 § 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 21 The parties agree that an award of attorney’s fees in the amount of $6,000.00, and 22 expenses in the amount of $18.45, for a total of $6,018.45, shall be awarded to Plaintiff as a 23 settlement amount. 24 Page 1 25 26 STIPULATION FOR ATTORNEY FEES, EXPENSES, AND COSTS; ORDER THEREON - [1:12-CV-01997-SKO] 1 2 3 4 If it is determined that Plaintiff’s EAJA fees and expenses are not subject to any offset allowed under the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Dellert Baird Law Offices, PLLC, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The check for costs should also be made payable to Dellert 5 Baird Law Offices, PLLC. 6 The parties agree that whether these checks are made payable to Plaintiff, or to Dellert 7 Baird Law Offices, PLLC, they shall be mailed to Plaintiff's attorney at the following address: 8 Dellert Baird Law Offices, PLLC, P.O. Box 3757, Silverdale, WA, 98383. 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 Dated this 18th day of April 2014: 20 s/ KELSEY MACKENZIE BROWN Kelsey Mackenzie Brown, CA #263109 Dellert Baird Law Offices, PLLC P.O. Box 3757 Silverdale, WA 98383 Telephone: (360) 329-6968 FAX: (360) 329-6968 Dellert.Law.Office@gmail.com 21 Of Attorneys for Plaintiff 17 18 19 22 23 24 Page 2 25 26 STIPULATION FOR ATTORNEY FEES, EXPENSES, AND COSTS; ORDER THEREON - [1:12-CV-01997-SKO] 1 Dated this 18th day of April 2014: s/ KELSEY MACKENZIE BROWN FOR SCOTT BORROWMAN Social Security Administration Office of the General Counsel 160 Spear Street, Suite 800 San Francisco, CA 94105-1545 415-977-8942 2 3 4 5 Of Attorneys for Defendant 6 ORDER 7 8 Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that fees under the Equal 9 Access to Justice Act in the amount of $6,018.45 shall be awarded in accordance with the terms 10 of the Stipulation. 11 12 13 IT IS SO ORDERED. Dated: April 21, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 Page 3 25 26 STIPULATION FOR ATTORNEY FEES, EXPENSES, AND COSTS; ORDER THEREON - [1:12-CV-01997-SKO]

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