Bozorgmanesh v. Commissioner of Social Security

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/14. IT IS ORDERED that defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. (Meuleman, A)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Blvd Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax
Attorney for Plaintiff
AZAM BOZORGMANESH

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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-O0O0O-

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AZAM BOZORGMANESH,

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Plaintiff,
vs.

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Carolyn Colvin,
ACTING COMMISSIONER OF SOCIAL
SECURITY,

) Case No.: 2:12-CV-02656-CKD
)
)
STIPULATION AND ORDER
)
APPROVING SETTLEMENT OF
)
ATTORNEY FEES UNDER JUSTICE
)
ACT [28 U.S.C. §2412(d)]
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)
)

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Defendant

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THE PARTIES STIPULATE through the undersigned, subject to the approval of the
Court, that plaintiff be awarded attorney fees in the amount of Two Thousand Five Hundred
Twenty-Two dollars and seven cents ($2,522.07) under the Equal Access to Justice Act, 28
U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for
all legal services rendered by counsel for plaintiff in this civil action and in accordance with that
statute.
Upon the Court’s order, defendant will consider the assignment of those EAJA fees
pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed
under the United States Department of Treasury’s Offset Program. Fees shall be made payable to
plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the
government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by
plaintiff and will deliver the payment to said counsel.

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STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER
JUSTICE ACT [28 U.S.C. §2412(d)] - 1

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This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees
and not an admission of liability of defendant under the EAJA. Payment of this agreed amount
shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees
relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under
42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.
Dated: May 28, 2014
/s/ Jesse S. Kaplan

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JESSE S. KAPLAN
Attorney for Plaintiff

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Dated: May 28, 2014
/s/ per email authorization
____________________________________
ARMAND ROTH
Special Assistant U.S. Attorney
Attorney for Defendant

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ORDER

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GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that
defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this stipulation.

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Dated: June 2, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER
JUSTICE ACT [28 U.S.C. §2412(d)] - 2