Vining v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/8/17: Plaintiff is awarded attorney fees in the amount of $2,855.23 under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and no award of costs. (Kaminski, H)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax
Attorney for Plaintiff
TAD OSBORNE VINING

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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TAD OSBORNE VINING,
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)
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Plaintiff,
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v.
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Nancy Berryhill,
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ACTING COMMISSIONER OF SOCIAL)
SECURITY,
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Defendant.
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____________________________________)

No. 2:14-cv-02977-DB

STIPULATION AND
ORDER
APPROVING SETTLEMENT
OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO
JUSTICE ACT
[28 U.S.C. §2412(d)]

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THE PARTIES STIPULATE through the undersigned, subject to the approval of the
Court, that plaintiff be awarded attorney fees in the amount of Two Thousand eight hundred

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fifty-five Dollars and twenty-three cents($2,855.23) under the Equal Access to Justice Act, 28
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U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for

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[Pleading Title] - 1

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all legal services rendered by counsel for plaintiff in this civil action and in accordance with that
statute.
Upon the Court’s order, defendant will consider the assignment of those EAJA fees
pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed

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under the United States Department of Treasury’s Offset Program. Fees shall be made payable to

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plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the

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government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by

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plaintiff and will deliver the payment to said counsel.
This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees
and not an admission of liability of defendant under the EAJA. Payment of this agreed amount
shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees
relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under

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42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.

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Dated:

June 5, 2017

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/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff

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Dated:

June 5, 2017

/s/ per email authorization
AMANDA SCHAPEL
Special Assistant U.S. Attorney
Attorney for Defendant

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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Dated: June 8, 2017

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DLB:6
DB\orders\orders.soc sec\vining2977.stip.eaja.ord

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