(SS) Moreno v. Commissioner of Social Security

Filing 27

ORDER re Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, signed by District Judge Dale A. Drozd on 11/18/2021. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9723 Email: info@jonathanpena.com Attorney for Plaintiff, Gerardo Z Moreno 8 9 10 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Gerardo Z Moreno, Case No. 1:20-cv-00788-DAD-BAM 13 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; |PROPOSED| ORDER 14 15 Plaintiff, v. 16 Kilolo Kijakazi, Acting Commissioner of Social Security, 17 Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of SIX THOUSAND ONE-HUNDRED 22 DOLLARS and 00/100 ($6,100.00) under the Equal Access to Justice Act (EAJA), 28 23 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered 24 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 25 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will 27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 28 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 9 the assignment executed by Plaintiff. Any payments made shall be delivered to 10 Plaintiff’s counsel, Jonathan O. Peña. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA attorney fees, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 15 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 16 connection with this action. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 18 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 19 savings clause provisions of the EAJA. 20 Respectfully submitted, 21 22 Dated: November 12, 2021 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff Dated: November 12, 2021 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 23 24 25 26 27 28 -2- Social Security Administration 1 2 By: _*_Marcelo N. Illarmo Marcelo N. Illarmo Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on November 12, 2021). 3 4 5 6 7 8 |PROPOSED| ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access 9 10 to Justice Act Fees and Expenses (the “Stipulation”), 11 12 IT IS ORDERED that fees and expenses in the amount of SIX THOUSAND ONE-HUNDRED DOLLARS and 00/100 ($6,100.00) as authorized by the Equal 13 14 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of 15 the Stipulation. 16 17 18 19 20 IT IS SO ORDERED. Dated: November 18, 2021 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 -3-

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?