Garcia v. CSS

Filing 30

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 12/11/14 ORDERING the court will approve the parties' stipulation as to plaintiff's receipt of Equal Access to Justice Act ("EAJA") fees under 28 U.S.C. § 2412(d). In light of the parties' superseding stipulation the court will also vacate plaintiff's November 21, 2014, petition for attorney's fees.ECF No. 27 .(Becknal, R)

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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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LETICIA GARCIA,
Plaintiff,
v.

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

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No. 2:13-cv-01075-AC
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)

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

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counsel, subject to the approval of the Court, that Plaintiff, Leticia Garcia, be awarded attorney

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fees and expenses in the amount of seven thousand eight hundred dollars ($7,800) under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection

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

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After the Court issues an order for EAJA fees to Leticia Garcia, the government will

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consider the matter of Leticia Garcia’s assignment of EAJA fees to John V. Johnson. Pursuant

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to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (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 States

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Department of the 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 Leticia Garcia, but if the Department of the Treasury

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determines that Leticia Garcia does not owe a federal debt, then the government shall cause the

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payment of fees, expenses and costs to be made directly to John V. Johnson, pursuant to the

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assignment executed by Leticia Garcia. Any payments made shall be delivered to John V.

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Johnson.

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This stipulation constitutes a compromise settlement of Leticia Garcia’s request for

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

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under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete

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release from, and bar to, any and all claims that Leticia Garcia and/or John V. Johnson

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including the Law Office of John V. Johnson may have relating to EAJA attorney fees in

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connection with this action.

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This award is without prejudice to the rights of John V. Johnson and/or the Law Office

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of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject

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to the savings clause provisions of the EAJA.

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Respectfully submitted,

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Dated: Dec. 11, 2014

LAW OFFICES OF JOHN V. JOHNSON

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By:

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Dated: Dec. 11, 2014

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

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By:

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/s/ Jeffrey Chen for John V. Johnson*
JOHN V. JOHNSON
* By email authorization on Dec. 8, 2014
Attorneys for Plaintiff

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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The court will approve the parties’ stipulation as to plaintiff’s receipt of Equal Access to
Justice Act (“EAJA”) fees under 28 U.S.C. § 2412(d). In light of the parties’ superseding

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stipulation the court will also vacate plaintiff’s November 21, 2014, petition for attorney’s fees.
ECF No. 27.
APPROVED AND SO ORDERED.
DATED: December 11, 2014

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