Connors v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/10/2014 APPROVING 32 Stipulation and Proposed Order for EAJA attorney fees to Plaintiff in the amount of $12,500. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiffs counsel may have relating to EAJA attorney fees connection with this action.(Waggoner, D)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT IL. Bar No. 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
BEN A. PORTER, WA. Bar No. 14195
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
BRIAN JAMES CONNORS,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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No. 2:12-cv-01762-EFB
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d) AND PROPOSED
ORDER

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IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded

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attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),

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in the amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND

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00/100 ($12,500.00). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920, 2412(d).

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

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will consider the matter of Plaintiff's assignment of EAJA fees to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), WL 2346547 (U.S.

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June 14, 2010), the ability to honor the assignment will depend on whether the fees

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are subject to any offset allowed under the United States Department of the

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Treasury’s Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees 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

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shall cause the payment of fees to be made directly to JOSHUA SMITH, pursuant

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to the assignment executed by Plaintiff. Any payments made shall be delivered to

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Plaintiff’s counsel. This stipulation constitutes a compromise settlement of

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Plaintiff's request for EAJA attorney fees and does not constitute an admission of

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liability on the part of Defendant under the EAJA. Payment of the agreed amount

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shall constitute a complete release from, and bar to, any and all claims that Plaintiff

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and/or Plaintiff’s counsel may have relating to EAJA attorney fees connection with

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this action.

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Date: April 8, 2014

JOSHUA SMITH, Attorney at Law
GRACE A. GALLIGHER,
Attorney at Law

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By: /s/ Joshua Smith
*By email authorization on April 7, 2014
Attorney(s) for Plaintiff

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Date: April 8, 2014

BENJAMIN B. WAGNER
United States Attorney

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DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Ben A. Porter
BEN A. PORTER
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.
Dated: April 10, 2014.

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