Tracy v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2014 ORDERING that Plaintiff will be awarded attorney fees in the amount of three thousand dollars ($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero dollars ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ANNABELLE J. YANG
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

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SACRAMENTO DIVISION

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CHERIE BLASQUEZ TRACY,

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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner
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of Social Security,
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Defendant.
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____________________________________)

Case No. 2:13-CV-00570-CKD
STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d) AND COSTS PURSUANT
TO 28 U.S.C. § 1920

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

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counsel, that Plaintiff’s previously filed Motion for Equal Access to Justice Act Fees is hereby

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withdrawn.

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the
amount of three thousand dollars ($3,000.00) under the Equal Access to Justice Act (EAJA), 28

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U.S.C. § 2412(d), and zero dollars ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920.

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This amount represents compensation for all legal services rendered on behalf of Plaintiff by

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

Case No. 2:13-cv-00570-CKD

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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider
any assignment of EAJA fees to Plaintiff’s counsel, Jesse Kaplan. Pursuant to Astrue v. Ratliff,
130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on

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whether the fees 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 Defendant will

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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 shall cause the payment of fees to
be made directly to Jesse Kaplan, pursuant to any 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

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attorney fees and does not constitute an admission of liability on the part of Defendant under the

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in

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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(b), subject to the savings clause
provisions of the EAJA.

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Respectfully submitted,

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/s/Jesse S. Kaplan
JESSE S. KAPLAN
(as authorized via email on 2/6/14)
Attorney at Law

Dated: February 6, 2014

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Attorney for Plaintiff

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Dated: February 6, 2014

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

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By:
/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant U.S. Attorney
Attorneys for Defendant

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Case No. 2:13-cv-00570-CKD

ORDER

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APPROVED AND SO ORDERED.

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Dated: February 7, 2014

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Case No. 2:13-cv-00570-CKD