(SS) Fortunato v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 07/08/2024 AWARDING fees in the amount of $8,360.79 as authorized by 28 U.S.C. § 2412; and DENYING 25 Motion for Attorney Fees as MOOT. (Lopez, K)

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1 2 3 4 5 6 7 8 9 10 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 JAMES KI, WSBN 42978 Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: (212) 264-2435 james.ki@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 DANTE ANTHONY FORTUNATO, Plaintiff, 15 16 17 vs. MARTIN O’MALLEY, Commissioner of Social Security, 18 19 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:23-cv-00119-JDP STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d); [PROPOSED] ORDER 20 21 IT IS HEREBY STIPULATED by and between the parties through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 23 amount $8,360.79 (EIGHT THOUSAND THREE HUNDRED SIXTY dollars and SEVENTY- 24 NINE cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 25 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 27 28 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, EAJA Stip.; No. 1:23-cv-00119-JDP 1 1 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 2 will depend on whether the fees are subject to any offset allowed under the United States 3 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 4 government will determine whether they are subject to any offset. 5 If the Court approves the stipulated amount(s) and the claimant has no federal debt, 6 payment shall be delivered electronically or by mail to Olinsky Law Group. This is to match the 7 waiver and assignment signed by the claimant. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 12 to EAJA attorney fees or costs in connection with this action. 13 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 14 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 15 provisions of the EAJA. Respectfully submitted, 16 17 Date: July 2, 2024 /s/ Stuart T. Barasch STUART T. BARASCH (as authorized by email) Attorney for Plaintiff Date: July 2, 2024 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Social Security Administration 18 19 20 21 22 23 24 By: 25 26 27 /s/ James Ki JAMES KI Special Assistant United States Attorney Social Security Administration Attorney for Defendant 28 EAJA Stip.; No. 1:23-cv-00119-JDP 2 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 Justice Act Fees, IT IS ORDERED that fees in the amount of $8,360.79 as authorized by 28 4 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. Plaintiff’s motion for fees, 5 ECF No. 25, is denied as moot. 6 7 IT IS SO ORDERED. 8 9 Dated: July 8, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; No. 1:23-cv-00119-JDP 3

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