Thornton v. Commissioner of Social Security

Filing 41

STIPULATION and ORDER for Award of Attorneys Fees; ORDER Denying Plaintiff's 37 Motion for Attorney's Fees as Moot signed by Magistrate Judge Gary S. Austin on 06/07/2018. (Flores, E)

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Melissa Newel (#148563)
NEWEL LAW
352 24th Street
Oakland, CA 94612
[phone]
[e-mail]
Attorney for Plaintiff
JENYNE ANN THORNTON
MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
TINA L. NAICKER
Special Assistant U.S. Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
[phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JENYNE ANN THORNTON,
Plaintiff,

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No. 1:16-CV-00816 (GSA)

v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

STIPULATION AND ORDER FOR
AWARD OF ATTORNEYS FEES
PURSUANT TO EAJA 28 U.S.C. §2412
ORDER DENYING PLAINITFF’S
MOTION FOR ATTORNEY’S FEES AS
MOOT
(Doc. 37)

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STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEY FEES

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
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attorneys, subject to the approval of the Court, that Jenyne Ann Thornton (“Plaintiff”) be awarded
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attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), in the amount of
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four thousand nine hundred and sixty dollars and eleven cents ($4,960.11). This represents
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compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this
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civil action, in accordance with 28 U.S.C. § 2412(d).
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After the Court issues an Order for EAJA fees to Plaintiff, the government will consider
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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the
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attorney fees are subject to any offset allowed under the United States Department of the
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Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will

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determine 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 subject to offset, then the government shall cause the
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payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively
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“Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all 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 does not constitute an admission of liability on the part of Defendant under
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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any
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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees
and costs in connection with this action. This award is without prejudice to the rights of Plaintiff’s

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STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEY FEES

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

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provisions of the EAJA.

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Respectfully submitted,

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Dated: June 7, 2018

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NEWEL LAW

By:

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Melissa Newel
Melissa Newel
Attorney for Plaintiff
JENYNE ANN THORNTON

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Dated: June 7, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

Tina L. Naicker*
TINA L. NAICKER
(*Authorized by email dated 06/07/2018)
Special Assistant U.S. Attorney
Attorneys for Defendant

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STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEY FEES

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ORDER

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Pursuant to the above stipulation, fees in the amount of four thousand nine hundred and

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sixty dollars and eleven cents ($4,960.11), be awarded to Plaintiff’s counsel as authorized by 28

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U.S.C. §2412(d). All payments are subject to Astrue v. Ratliff, 560 U.S. 586, 598 (2010) and shall
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be awarded in accordance with the terms of the above stipulation. Given the above stipulation,
Plaintiff’s Motion for Attorney’s Fees filed on May 7, 2018 (Doc. 37) is DENIED as moot.

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IT IS SO ORDERED.
Dated:

June 7, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEY FEES