Foster v. Commissioner of Social Security
Filing
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STIPULATION AND ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2015 AWARDING the plaintiff attorney fees under the Equal Access To Justice Act 28 U.S.C. § 2412(d) in the amount of FIVE THOUSAND THREE HUNDRED DOLLARS ($5,300.00) and costs in the amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. § 1920. (Michel, G.)
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Law Offices of Hadley & Fraulob
230 Fifth Street
Marysville, CA 95901
(530) 743-4458
JOSEPH C. FRAULOB – State Bar #194355
Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
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Plaintiff,
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v.
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STIPULATION AND ORDER FOR
AWARD OF EAJA FEES
Commissioner of the
Social Security Administration
Defendant.
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No: 2:13-cv-01593-DAD
Harold Foster,
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and
with approval of the Court as provided below, that Plaintiff be awarded attorney fees under the
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Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of five thousand three
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hundred dollars ($5,300.00) and costs in the amount of four hundred dollars ($400.00) under 28
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U.S.C. 1920. This amount represents compensation for all legal services rendered on behalf of
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Plaintiff by his counsel in connection with this civil action, in accordance with 28 U.S.C. 1920,
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2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.
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Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the 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 to EAJA fees is entered, the government will
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determine if it is subject to any offset.
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Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause the
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payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant
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to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s
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counsel Joseph C. Fraulob.
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The 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.
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DATE: January 27, 2015
Respectfully submitted,
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By: /s/ Joseph C. Fraulob
JOSEPH C. FRAULOB
Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
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By: /s/ Michael K. Marriott
MICHAEL K. MARRIOTT
*By email authorization
Special Assistant United States Attorney
Attorneys for Defendant
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ORDER
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Pursuant to the parties’ stipulation, IT IS SO ORDERED.1
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Dated: January 28, 2015
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Ddad1\orders.soc sec
foster1593.stip.eaja.ord.doc
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In light of the parties’ stipulation, plaintiff’s December 19, 2014 petition for EAJA fees (Dkt.
No. 15) is denied as having been rendered moot.
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