Butler v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER as follows: Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (ECF No. 29 ), Plaintiff is awarded attorney fees under the Equal Access to Justice Act (EA JA), 28 U.S.C. § 2412, in the amount of SEVEN THOUSAND, TWO HUNDRED DOLLARS ($7,200.00) subject to the terms of the Stipulation. Plaintiff's Motion for Attorney Fees (ECF No. 26 ) is DENIED as moot. Order signed by Magistrate Judge Erica P. Grosjean on 7/11/2017. (Rooney, M)

7

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL,
Regional Chief Counsel, Region IX
Social Security Administration
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8

Attorneys for Defendant

1
2
3
4
5
6

9
UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

FRESNO DIVISION

12
13
14

SCOTT BUTLER,

15

16
17

Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

18
Defendant.
19

)
)
)
)
)
)
)
)
)
)

Case No. 1:15-CV-00133-EPG
STIPULATION AND ORDER AWARDING
EQUAL ACCESS TO JUSTICE ACT
(EAJA) ATTORNEY FEES
ORDER DENYING AS MOOT MOTION
FOR ATTORNEY FEES
(ECF No. 26)

20
21

The parties agree that Plaintiff is entitled to an award of attorney fees and expenses to be

22

paid by the Defendant pursuant to the EAJA, 28 U.S.C. § 2412, subject to any offset as described

23

in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

24
25

The parties agree that an award of attorney’s fees in the amount of $7,200.00 shall be
awarded to Plaintiff. If it is determined Plaintiff’s EAJA fees are not subject to any offset allowed

26
27
28

under the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be
made payable to Plaintiff’s attorney Geri N. Kahn, based upon Plaintiff’s assignment of these
amounts to Plaintiff’s attorney.
1

1

Finally, the parties agree whether the check is made payable to Plaintiff, or to Geri N.

2

Kahn, the check shall be mailed to Plaintiff's attorney at the following address: Law Offices of

3

Geri N. Kahn, 465 California Street, Suite 609, San Francisco, CA 94104.

4
5
6
7

Respectfully submitted,
Date: July 10, 2017

/s/Geri N. Kahn*
Geri N. Kahn, CSBN 148536
Attorney at Law
Attorney for Plaintiff
*By email authorization on July 10, 2017

Date: July 10, 2017

PHILLIP A. TALBERT
United States Attorney

8

9
10
11
12
13
14

By:

/s/Richard M. Rodriguez
Richard M. Rodriguez
Special Assistant United States Attorney
Attorneys for Defendant

15

16
17
18
19
20
21
22
23
24
25
26
27
28

2

ORDER

1
2
3
4
5
6
7

Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice
Act Fees, Costs, and Expenses (ECF No. 29), Plaintiff is awarded attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of SEVEN THOUSAND, TWO
HUNDRED DOLLARS ($7,200.00) subject to the terms of the Stipulation. Plaintiff’s Motion for
Attorney Fees (ECF Nos. 26) is DENIED as moot.
IT IS SO ORDERED.

8

9

Dated:

July 11, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15

16
17
18
19
20
21
22
23
24
25
26
27
28

3