Neumann v. Colvin

Filing 40

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/3/2016 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of seven thousand five hundred ($7,500.00). (Zignago, K.)

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MARK H. LIPTON (SBN: 51010)
1380 Lead Hill Blvd., Ste. 106
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC P. NEUMANN,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,

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Defendant.

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NO.2:14-cv-02190 KJM-CMK
STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT [28 U.S.C. § 2412(d)]

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of SEVEN THOUSAND FIVE HUNDRED ($7,500.00). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel
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in connection with this civil action, in accordance with 28 U.S.C. § 2412.
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

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will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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STIPULATION TO PAY ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT [28 U.S.C. § 2412(d)]

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and expenses is entered, the government will determine whether they are subject to any offset.

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Fees and expenses 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, expenses and costs to be made directly to Mark H. Lipton, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
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attorney fees and expenses, and does not constitute an admission of liability on the part of
Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,
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Dated: October 26, 2016
/s/ Mark H. Lipton_________
MARK H. LIPTON
Attorney for Plaintiff

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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Dated: October 26, 2016

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/s/ Marla Letellier_____
(As authorized via email on 10/26/16)
Special Assistant United States Attorney

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/ / / / / / /

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/ / / / / / /
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STIPULATION TO PAY ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT [28 U.S.C. § 2412(d)]

ORDER

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Pursuant to the Stipulation it is so ordered.

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Dated: November 3, 2016

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UNITED STATES DISTRICT JUDGE

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STIPULATION TO PAY ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT [28 U.S.C. § 2412(d)]