Cha v. Commissioner of Social Security

Filing 34

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/2/14 ORDERING that the 4/22/14 order concerning EAJA fees is withdrawn. The defendant shall pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. (Manzer, C)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA
95608
[phone]
[phone] fax

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Attorney for Plaintiff
MEE CHA

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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-O0O0O-

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MEE CHA,

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Plaintiff,
vs.

Carolyn Colvin,

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ACTING COMMISSIONER OF SOCIAL
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Case No.: 2:13-CV-00179-CKD

STIPULATION AND ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT
[28 U.S.C. §2412(d)]

SECURITY,
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Defendant
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THE PARTIES STIPULATE through their undersigned counsel

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that the Court’s order of April 22, 2014, granting plaintiff’s

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motion for attorney fees under the Equal Access to Justice Act

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may be withdrawn and this stipulation and order substituted

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therefor.

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THE PARTIES STIPULATE through the undersigned,
subject to the approval of the Court, that plaintiff be awarded
STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT
[28 U.S.C. §2412(d)] - 1

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attorney fees in the amount of Four Thousand Six Hundred Dollars

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($4,600.00) under the Equal Access to Justice Act, 28 U.S.C.

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§2412(d) and that there will be no award of costs. This will

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represent compensation for all legal services rendered by

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counsel for plaintiff in this civil action and in accordance

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with that statute.

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Upon the Court’s order, defendant will consider
the assignment of those EAJA fees pursuant to Astrue v. Ratliff,

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130 S.Ct. 2521, 2252-2253 (2010), considering any offsets

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allowed under the United States Department of Treasury’s Offset

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Program. Fees shall be made payable to plaintiff, but if the

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Treasury Department determines plaintiff owes no federal debt,

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then the government shall pay the fees directly to Jesse S.

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Kaplan based on an assignment executed by plaintiff and will
deliver the payment to said counsel.
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

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this agreed amount shall constitute a complete release and bar

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of plaintiff and her counsel regarding EAJA fees relating to

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this action. This award is without prejudice to plaintiff’s

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counsel’s right to fees under 42 U.S.C. §406(b), subject to the

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savings clause provisions of the EAJA.
STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT
[28 U.S.C. §2412(d)] - 2

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Dated:

April 29, 2014

/s/

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Jesse S. Kaplan

JESSE S. KAPLAN

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Attorney for Plaintiff

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Dated: April 29, 2014

/s/ per email authorization

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JEFFREY CHEN

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Special Assistant U.S. Attorney

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Attorney for Defendant

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ORDER

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GOOD CAUSE APPEARING from the foregoing stipulation, the
Court’s Order of April 22, 2014, concerning EAJA fees is

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withdrawn, and IT IS ORDERED that defendant pay plaintiff’s
attorney fees pursuant to the EAJA in accordance with this

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stipulation.

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Dated:

May 2, 2014

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT
[28 U.S.C. §2412(d)] - 3