Ortiz v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/2010 ORDERING that Pltf be awarded attorney fees in the amount of $6,300.00. Pltf's 29 Motion for Attorney Fees is WITHDRAWN.(Zignago, K.)

(SS) Ortiz v. Commissioner of Social Security

Doc. 31

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration LESLIE ALEXANDER (CSBN 256624) Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

PAMELA J. ORTIZ,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:09-CV-02641-KJN STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

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 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND THREE HUNDRED DOLLARS AND 0 CENTS ($6,300.00). 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). The previously filed EAJA motion is hereby withdrawn. 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 assignment will depend on whether

Dockets.Justia.com

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the fees and expenses are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses and costs 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 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and expenses to be made directly to Bess Brewer, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 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 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from and bar to any and all claims Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses and costs 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 provisions of the EAJA. Respectfully submitted, Dated: November 15, 2010 s/ Bess Brewer (As authorized by email) BESS BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Leslie Alexander LESLIE ALEXANDER Special Assistant U. S. Attorney Attorneys for Defendant //// //// //// //// //// //// 2

Date: November 15, 2010

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ORDER The parties' stipulation and proposed order are hereby APPROVED AND SO ORDERED. Pursuant to the parties' stipulation, plaintiff's motion for attorney's fees (Dkt. No. 29) is withdrawn. DATED: November 17, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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