Moore v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING the parties' stipulation 24 is HEREBY APPROVED. (Becknal, R)

1
2
3

ANN M. CERNEY, SBN: 068748
Attorney at Law
45 Hunter Square Plaza
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

4
Attorney for Plaintiff
5
6
7
8

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

9

—o0o—

10
11

PAMELA IRENE MOORE,

12

CASE NO. 2:10-CV-02477-KJN

Plaintiff,

13

vs.

14

STIPULATION AND PROPOSED ORDER
SETTLING ATTORNEY’S FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

MICHAEL J. ASTRUE,
Commissioner of Social Security,

15
Defendant(s).
16

/

17
18

IT IS HEREBY STIPULATED by and between the parties through their undersigned

19

counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

20

Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND

21

SEVEN HUNDRED FIFTY DOLLARS AND 00/CENTS ($4,750.00). This amount represents

22

compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with

23

this civil action, in accordance with 28 U.S.C. §[§ 1920,] 2412(d).

24

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

25

will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s

26

attorney. Pursuant to Astrue v. Ratliff, – S.Ct. – , 2010 WL 2346547 (U.S. June 14, 2010), the

27

ability to honor the assignment will depend on whether the fees and expenses are subject to any

28
1
Stipulation and Proposed Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)

1

offset allowed under the United States Department of the Treasury’s Offset Program. After the

2

order for EAJA fees and expenses is entered, the government will determine whether they are

3

subject to any offset.

4

Fees and expenses shall be made payable to Plaintiff, but if the Department of the

5

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

6

the payment of fees, expenses and costs to be made directly to Ann M. Cerney, pursuant to the

7

assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

8
9

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

10

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

11

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

12

EAJA attorney fees and expenses in connection with this action.

13
14

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.

15
16

Respectfully submitted,

17
18

Date: April 23, 2012

19

/s/ Ann M. Cerney
ANN M. CERNEY,
Attorney for Plaintiff

20
21

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel,
Social Security Administration

22
23
24

/s/Elizabeth Firer

25
Date: April 23, 2012
26
27

ELIZABETH FIRER
(by email authorization on 4/23/12)
Special Assistant United States Attorney
Attorneys for Defendant

28
2
Stipulation and Proposed Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)

1

ORDER

2

The parties’ stipulation (Dkt. No. 24) is HEREBY APPROVED.

3

IT IS SO ORDERED.

4

DATED: April 23, 2012

5
6
7

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and Proposed Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)