(SS) Xiong v. Commissioner of Social Security
Filing
21
STIPULATION and ORDER signed by Magistrate Judge Gary S. Austin on 9/16/2022 as follows: IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND SIX HUNDRED DOLLARS AND 00/100 ($7,600.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation.(Rooney, M)
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, Ai Xiong
8
9
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
10
11
12 Ai Xiong,
13
14
15
Case No. 1:21-cv-00134-GSA
Plaintiff,
v.
16 Kilolo Kijakazi, Acting
Commissioner of Social Security,
17
Defendant.
18
19
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; |PROPOSED| ORDER
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 SEVEN THOUSAND SIX HUNDRED
22 DOLLARS AND 00/100 ($7,600.00) under the Equal Access to Justice Act (EAJA), 28
23 U.S.C. § 2412(d), and cost in the amount of ZERO dollars ($0.00) under 28 U.S.C.
24 §1920. This amount represents compensation for all legal services rendered on behalf of
25 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §
26 2412(d).
27
28
1
After the Court issues an order for EAJA fees to Plaintiff, the government will
2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
4 to honor the assignment will depend on whether the fees are subject to any offset
5 allowed under the United States Department of the Treasury’s Offset Program. After
6
the order for EAJA fees is entered, the government will determine whether they are
7
subject to any offset.
8
Fees shall be made payable to Plaintiff, but if the Department of the Treasury
9
determines that Plaintiff does not owe a federal debt, then the government shall cause
10
the payment of fees, expenses and costs to be made directly to Counsel, pursuant to
11
the assignment executed by Plaintiff. Any payments made shall be delivered to
12
Plaintiff’s counsel, Jonathan O. Peña.
13
This stipulation constitutes a compromise settlement of Plaintiff’s request for
14
EAJA attorney fees, and does not constitute an admission of liability on the part of
15
Defendant under the EAJA or otherwise. Payment of the agreed amount shall
16
constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
17
Counsel including Counsel’s firm may have relating to EAJA attorney fees in
18
connection with this action.
19
This award is without prejudice to the rights of Counsel and/or Counsel’s firm
20
to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the
21
savings clause provisions of the EAJA.
22
Respectfully submitted,
23
24
25
Dated: September 12, 2022
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated: September 12, 2022
PHILLIP A. TALBERT
26
27
28
-2-
United States Attorney
PETER K. THOMPSON
Acting Regional Chief Counsel, Region IX
Social Security Administration
1
2
3
4
By: _*_Chantal R. Jenkins
Chantal R. Jenkins
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on September 12, 2022)
5
6
7
8
9
10
11
12
ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access
13 to Justice Act Fees and Expenses (the “Stipulation”),
14
15
16
IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND
SIX HUNDRED DOLLARS AND 00/100 ($7,600.00) as authorized by the Equal
17 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of
18 the Stipulation.
19
20 IT IS SO ORDERED.
21
22
Dated:
September 16, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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?