Thompson v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER 27 for award of Equal Access to Justice Act (EAJA) Fees signed by Magistrate Judge Edmund F. Brennan on 6/29/2015. Plaintiff is awarded attorneys fees under EAJA in amount of $6000.00 for legal services. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX,
Social Security Administration
PAUL SACHELARI, CSBN 230082
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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NOREEN LYNETTE THOMPSON,

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

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Defendant.

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) No. 2:13-cv-01787-EFB
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) STIPULATION FOR AWARD OF EAJA
) FEES
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with
the approval of the Court as provided below, that Plaintiff be awarded attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of six thousand dollars
($6,000.00), under 28 U.S.C. § 1920. This amount represents compensation for all legal services
rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28
U.S.C. §§ 1920, 2412(d).

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EAJA Stip; 2:13-cv-01787-EFB

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,

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130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the

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fees are subject to any offset allowed under the United States Department of the Treasury’s Offset

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Program. After the order for EAJA fees is entered, the government will determine whether they are

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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 payment of

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fees and costs to be made directly to plaintiff's counsel Shellie Lott, pursuant to the assignment

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executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel Shellie Lott.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

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

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

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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees connection with this

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action.

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Respectfully submitted,
Date: June 23, 2015

Cerney Kreuze & Lott, LLP

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By:

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/s/ Shellie Lott*
SHELLIE LOTT
*By email authorization

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Attorney for Plaintiff

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EAJA Stip; 2:13-cv-01787-EFB

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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:

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/s/ Paul Sachelari
PAUL SACHELARI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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DATED: June 29, 2015.

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EAJA Stip; 2:13-cv-01787-EFB

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