Power v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/16/14 ORDERING that Peter Vlad Power is awarded attorney fees in the amount of $3,750.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation; and Plaintiff's 11/17/14 MOTION for Attorney's fees 23 is DENIED as having been rendered moot as a result of the parties' stipulation. (Mena-Sanchez, L)

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BENJAMIN B.WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DENARDI, C.S.B.N. 256770
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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On November 17, 2014, Plaintiff, through counsel, filed a motion for

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

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(Doc. 23). The parties, though counsel, now enter into a stipulated agreement

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regarding the requested EAJA fees.

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PETER VLAD POWER,
Plaintiff,

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

No. 2:13-cv-00572-DAD
STIPULATION AND ORDER FOR
THE AWARD AND PAYMENT OF
ATTORNEY FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Peter Vlad Power

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be awarded attorney fees in the amount of Three Thousand Seven Hundred and

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Fifty dollars ($3,750.00) under the Equal Access to Justice Act (EAJA), 28

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U.S.C. § 2412(d). 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. § 2412(d).
After the Court issues an order for EAJA fees to Peter Vlad Power, the

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government will consider the matter of Peter Vlad Power’s assignment of EAJA

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fees to Jesse S. Kaplan. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130

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S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will

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depend on whether the fees are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA

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fees is entered, the government will determine whether they are subject to any

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offset.

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Fees shall be made payable to Peter Vlad Power, but if the Department of

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the Treasury determines that Peter Vlad Power does not owe a federal debt, then

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the government shall cause the payment of fees, expenses and costs to be made

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directly to Jesse S. Kaplan, pursuant to the assignment executed by Jesse S.

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Kaplan. Any payments made shall be delivered to Jesse S. Kaplan.

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This stipulation constitutes a compromise settlement of Peter Vlad Power’s

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request for EAJA attorney fees, and does not constitute an admission of liability

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on the part of Defendant under the EAJA or otherwise. Payment of the agreed

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

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that Peter Vlad Power and/or Jesse S. Kaplan may have relating to EAJA attorney

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fees in connection with this action.

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This award is without prejudice to the rights of Jesse S. Kaplan to seek

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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings

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clause provisions of the EAJA.

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Respectfully submitted,

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Dated: December 15, 2014

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By: /s/ Jesse S. Kaplan
JESSE S. KAPLAN
* By email authorization on 12/15/14
Attorney for Plaintiff
Dated: December 15, 2014
BENJAMIN B. WAGNER
United States Attorney
/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney

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ORDER

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Pursuant to the parties’ stipulation, IT IS ORDERED that:
1. Peter Vlad Power is awarded attorney fees in the amount of

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$3,750.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of

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the Stipulation; and

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2. Plaintiff’s November 17, 2014 motion for attorney’s fees (Dkt No.
23) is denied as having been rendered moot as a result of the parties’ stipulation.

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Dated: December 16, 2014
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Ddad1\orders.soc sec
power0527.stip.eaja.ord.docx

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