Foster v. Commissioner of Social Security

Filing 18

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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1 2 3 4 Law Offices of Hadley & Fraulob 230 Fifth Street Marysville, CA 95901 (530) 743-4458 JOSEPH C. FRAULOB – State Bar #194355 Attorney for Plaintiff 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 8 9 10 11 Plaintiff, 12 13 14 15 v. 18 STIPULATION AND ORDER FOR AWARD OF EAJA FEES Commissioner of the Social Security Administration Defendant. 16 17 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 19 Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of five thousand three 20 21 hundred dollars ($5,300.00) and costs in the amount of four hundred dollars ($400.00) under 28 22 U.S.C. 1920. This amount represents compensation for all legal services rendered on behalf of 23 Plaintiff by his counsel in connection with this civil action, in accordance with 28 U.S.C. 1920, 24 2412(d). 25 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 28 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on -1- 1 whether the fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 3 determine if it is subject to any offset. 4 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 7 payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant 8 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 9 counsel Joseph C. Fraulob. 10 The stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 11 attorney fees and does not constitute an admission of liability on the part of Defendant under the 12 13 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 14 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 15 connection with this action. 16 17 18 DATE: January 27, 2015 Respectfully submitted, 19 By: /s/ Joseph C. Fraulob JOSEPH C. FRAULOB Attorney for Plaintiff 20 21 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration 22 23 24 25 By: /s/ Michael K. Marriott MICHAEL K. MARRIOTT *By email authorization Special Assistant United States Attorney Attorneys for Defendant 26 27 28 -2- 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED.1 3 4 Dated: January 28, 2015 5 6 7 8 Ddad1\orders.soc sec foster1593.stip.eaja.ord.doc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. -3-

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