Quintero v. Comissioner of Social Security

Filing 25

STIPULATION and ORDER APPROVING Settlement of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) and Costs Pursuant to 28 U.S.C. 1920. Plaintiff shall be awarded attorney's fees in the amount of SEVEN TH OUSAND TWENTY DOLLARS AND NINETY-ONE CENTS ($7,020.91), as authorized by 28 U.S.C. § 2412(d), and costs in the amount of ZERO DOLLARS ($0.00), pursuant to 28 U.S.C. § 1920, subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 2/4/2015. (Timken, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ANABEL QUINTERO,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:13-cv-00478-SKO
STIPULATION AND ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d), AND COSTS PURSUANT
TO 28 U.S.C. § 1920

IT IS HEREBY STIPULATED, by and between the parties, through their undersigned
counsel, that Plaintiff’s previously filed Motion for Attorney’s Fees and Expenses Under the
Equal Access to Justice Act (Docket No. 20) is hereby withdrawn.
IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the Court’s approval, that Plaintiff be awarded attorney’s fees and expenses in
the amount of SEVEN THOUSAND TWENTY DOLLARS AND NINETY-ONE CENTS
($7,020.91) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the
amount of ZERO DOLLARS ($0.00) under 28 U.S.C. § 1920. 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 U.S.C. §§ 1920, 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.
Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the
fees are subject to any offset allowed under the United States Department of the Treasury’s

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Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

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expenses and costs to be made directly to Dellert Baird Law Offices, PLLC, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

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attorney fees and expenses and does not constitute an admission of liability on the part of

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

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complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel,

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including Dellert Baird Law Offices, PLLC, may have relating to EAJA attorney fees and

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expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel and/or Dellert Baird

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Law Offices, PLLC, to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject

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to the savings clause provisions of the EAJA.

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Respectfully submitted,

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Dated: January 30, 2015

/s/ Lynn M. Harada for Kelsey Mackenzie Brown*
(*as authorized via email on 1/30/15)
KELSEY MACKENZIE BROWN
Attorney for Plaintiff

Dated: January 30, 2015

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Lynn M. Harada
LYNN M. HARADA

Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that Plaintiff shall be
awarded attorney’s fees in the amount of SEVEN THOUSAND TWENTY DOLLARS AND

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NINETY-ONE CENTS ($7,020.91), as authorized by 28 U.S.C. § 2412(d), and costs in the

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amount of ZERO DOLLARS ($0.00), pursuant to 28 U.S.C. § 1920, subject to the terms of the

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above-referenced Stipulation.

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IT IS SO ORDERED.
Dated:

February 4, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE