(SS) Kephart v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER for the award of Attorney Fees pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d) signed by Magistrate Judge Barbara A. McAuliffe on 4/26/2021. (Lundstrom, T)

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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO BRANCH

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SANDRA L. KEPHART,

Case No.: 1:20-cv-00516-BAM

Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of TWO-THOUSAND FIVE-HUNDRED NINETY-SEVEN dollars and
TWENTY-FIVE cents ($2,597.25). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in

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accordance with 28 U.S.C. § 2412.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

1:20-cv-00516-BAM

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses is entered, the government will determine whether they are subject to any offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause the

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payment of fees, expenses and costs to be made directly to Shellie Lott, 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
attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,
Dated: April 26, 2021

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McGREGOR W. SCOTT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Counsel, Region IX

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/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff

Date: April 26, 2021

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1:20-cv-00516-BAM

/s/ Marcelo N. Illarmo
(As authorized via email on 4/22/21)
MARCELO N. ILLARMO
Special Assistant United States Attorney
STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO BRANCH

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SANDRA L. KEPHART,

Case No.: 1:20-cv-00516-BAM

Plaintiff,
vs.
ANDREW SAUL,
Acting Commissioner of Social Security,

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ORDER FOR THE AWARD OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d)

Defendant

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Based upon the parties’ Stipulation for the Award of Attorney Fees Pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d), filed on April 23, 2021 (Doc. No. 23.):
IT IS HEREBY ORDERED that attorney fees under EAJA, in the amount of TWO-

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THOUSAND FIVE-HUNDRED NINETY-SEVEN dollars and TWENTY-FIVE cents

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($2,597.25), are awarded to Plaintiff, subject to the terms of the stipulation.

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IT IS SO ORDERED.
Dated:

April 26, 2021

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/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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1:20-cv-00516-BAM

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

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