Farnetti v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER for the award and payment of attorney fees and expenses. Fees in the amount of THREE THOUSAND ONE HUNDRED FIFTY dollars ($3,150.00), as authorized by 28 U.S.C. §2412, shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Barbara A. McAuliffe on 9/10/2018. (Timken, A)

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Brian C. Shapiro
Attorney at Law: 192789
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
Jaqueline Nichole Farnetti

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAQUELINE NICHOLE FARNETTI, )
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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Defendant.
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Case No.: 1:17-cv-00052-BAM
STIPULATION AND ORDER FOR
THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)

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TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Jaqueline Nichole
Farnetti be awarded attorney fees in the amount of THREE THOUSAND ONE
HUNDRED FIFTY dollars ($3,150.00) and expenses under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d). 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).

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After the Court issues an order for EAJA fees to Jaqueline Nichole Farnetti,

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the government will consider the matter of Jaqueline Nichole Farnetti's assignment

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of EAJA fees to Brian C. Shapiro. The retainer agreement containing the

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assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2529 (2010), the ability to honor the assignment will depend on whether the fees

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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

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Jaqueline Nichole Farnetti, but if the

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Department of the Treasury determines that Jaqueline Nichole Farnetti does not

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owe a federal debt, then the government shall cause the payment of fees, expenses

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and costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to

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the assignment executed by Jaqueline Nichole Farnetti.1 Any payments made shall

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be delivered to Brian C. Shapiro.

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This stipulation constitutes a compromise settlement of Jaqueline Nichole

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Farnetti's request for EAJA attorney fees, and does not constitute an admission of

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liability on the part of Defendant under the EAJA or otherwise. Payment of the

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agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Jaqueline Nichole Farnetti and/or Brian C. Shapiro including Law

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Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in

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connection with this action.

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The parties do not stipulate whether counsel for the plaintiff has a cognizable lien
under federal law against the recovery of EAJA fees that survives the Treasury
Offset Program.
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This award is without prejudice to the rights of Brian C. Shapiro and/or the

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Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees

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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: August 30, 2018

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro
BY: __________________
Brian C. Shapiro
Attorney for plaintiff Jaqueline Nichole Farnetti

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DATED: August 30, 2018

MCGREGOR W. SCOTT
United States Attorney

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/s/ Ben A. Porter

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BEN A. PORTER
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)

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ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice

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Act Fees and Expenses, IT IS ORDERED that fees in the amount of THREE THOUSAND ONE

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HUNDRED FIFTY dollars ($3,150.00), as authorized by 28 U.S.C. §2412, be awarded subject to

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the terms of the Stipulation

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IT IS SO ORDERED.
Dated:

September 10, 2018

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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