Kingsley v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 5/9/17 ORDERING that plaintiff is AWARDED attorney's fees and expenses in the amout of $6,034.79. (Kastilahn, A)

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7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL, CSBN# 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration RICHARD M. RODRIGUEZ Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: richard.rodriguez@ssa.gov 8 Attorneys for Defendant 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 AMBER RAE KINGSLEY, 15 16 17 ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 18 Defendant. 19 No. 2:14-cv-01157-DB STIPULATION and ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT (EAJA) ATTORNEY FEES 20 21 The parties agree that Plaintiff is entitled to an award of attorney fees and expenses to be 22 paid by the Defendant pursuant to the EAJA, 28 U.S.C. § 2412, subject to any offset as described 23 in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 24 The parties agree that an award of attorney’s fees in the amount of $6,000.00 shall be 25 awarded to Plaintiff and expenses of $4.69 for postage, $6.20 for copies, and $23.90 for online 26 27 28 research. Total EAJA fees and expenses equal $6,034.79. If it is determined Plaintiff’s EAJA fees are not subject to any offset allowed under the Department of the Treasury’s Offset Program, then 1 1 the check for EAJA fees shall be made payable to Robert C. Weems, based upon Plaintiff’s 2 assignment of these amounts to Plaintiff’s attorney. 3 4 5 Finally, the parties agree whether the check is made payable to Plaintiff, or to Robert C. Weems, the check shall be mailed to Plaintiff's attorney at the following address: WEEMS LAW OFFICES, 769 Center Blvd., PMB 38, Fairfax, CA 94930. 6 7 8 Respectfully submitted, 9 10 Date: May 8, 2017 /s/Robert C. Weems Robert C. Weems, CSBN 148156 Attorney at Law Attorney for Plaintiff *By email authorization on May 8, 2017 Date: May 8, 2017 PHILLIP A. TALBERT United States Attorney 11 12 13 14 By: 15 16 17 /s/Richard M. Rodriguez Richard M. Rodriguez Special Assistant United States Attorney Attorneys for Defendant 18 ORDER 19 20 21 Pursuant to the parties’ stipulation (ECF No. 24) IT IS SO ORDERED. DATED: May 9, 2017 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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