Kraslow v. Colvin

Filing 29

STIPULATION and ORDER re award of attorney's fees under the Equal Access to Justice Act. If it is determined that plaintiff's EAJA fees are not subject to an offset under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Trea sury's Offset Program, then the check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon plaintiff's assignment of these amounts to plaintiff's attorney. The parties agree that whether these checks a re made payable to plaintiff or Jacqueline A. Forslund, such checks shall be mailed to plaintiff's attorney at the following address: Jacqueline A. Forslund, Attorney at Law, P.O. Box 4476, Sunriver, Oregon 97707. Order signed by Magistrate Judge Sandra M. Snyder on 6/6/2016. (Rooney, M)

Download PDF
1 2 3 4 JACQUELINE A. FORSLUND CSBN 154575 P.O. Box 4476 Sunriver, OR 97707 Telephone: Email: 541-419-0074 jaf@forslundlaw.com 5 6 Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 CYNTHIA KRASLOW, ) ) Plaintiff, ) ) ) v. ) ) CAROLYN W. COLVIN, ) Acting Comm’r of Social Security, ) ) Defendant, ) ) ____________________________________) Case No. 1:14-cv-01808-SMS STIPULATION AND PROPOSED ORDER FOR AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 17 18 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of FOUR THOUSAND ONE HUNDRED TEN dollars and TEN cents ($4,110.05). This amount represents compensation for all 21 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 22 accordance with 28 U.S.C. sec. 2412(d). 23 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will 24 consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. The 25 government’s ability to honor the assignment will depend on whether the fees and expenses are 26 27 subject to an offset allowed under the United States Department of the Treasury’s Offset Program pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010). After the order of EAJA fees is entered, the government will determine if they are subject to an offset. 28 Kraslow v. Colvin Stipulation and Proposed Order E.D. Cal. 1:14-cv-01808-SMS 1 2 3 4 If it is determined that Plaintiff’s EAJA fees are not subject to an offset under Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) and The Department of Treasury’s Offset Program, then the check for EAJA fees and expenses shall be made payable to Jacqueline A. Forslund, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney. The parties agree that whether these checks are made payable to Plaintiff or Jacqueline A. Forslund, such checks shall be mailed to Plaintiff’s 5 6 attorney at the following address: Jacqueline A. Forslund, Attorney at Law, P.O. Box 4476, Sunriver, Oregon 97707. 7 Respectfully submitted, 8 9 Date: June 2, 2016 10 11 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorney for Plaintiff 12 13 14 JACQUELINE A. FORSLUND Attorney at Law Date: June 2, 2016 15 16 17 PHILLIP TALBERT United States Attorney DEBORAH STATCHEL Acting Regional Chief Counsel, Region IX Social Security Administration 18 /s/*Urmila Taylor URMILA TAYLOR Special Assistant United States Attorney *By email authorization Attorney for Defendant 19 20 21 22 ORDER 23 24 IT IS SO ORDERED. 25 26 Dated: June 6, 2016 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 27 28 Kraslow v. Colvin Stipulation and Proposed Order E.D. Cal. 1:14-cv-01808-SMS

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?