Melson Peart v. Commissioner of Social Security

Filing 29

ORDER signed by Magistrate Judge Allison Claire on 4/15/2016 ORDERING thatdefendant pay plaintiff's attorney fees in the amount of $2,330.93, pursuant to the EAJA in accordance with this stipulation. (Reader, L)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax

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Attorney for Plaintiff
KATHLEEN MELSON PEART

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

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KATHLEEN MELSON PEART,

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Plaintiff,
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v.
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Carolyn Colvin,
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ACTING COMMISSIONER OF SOCIAL)
SECURITY,
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Defendant.
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____________________________________)

No. 2:15-CV-00582-AC

STIPULATION AND
PROPOSED 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 three hundred thirty

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dollars and 93 cents ($2,330.93) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and
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that there will be no award of costs. This will represent compensation for all legal services
rendered by counsel for plaintiff in this civil action and in accordance with that statute.

[Pleading Title] - 1

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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.

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This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees

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and not an admission of liability of defendant under the EAJA. Payment of this agreed amount

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shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees

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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: April 14, 2016

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

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Dated: April 14, 2016

/s/ per email authorization

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SHARON LAHEY
Special Assistant U.S. Attorney
Attorney for Defendant

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[Pleading Title] - 2

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ORDER
GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that

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defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this stipulation.
DATED: April 15, 2016

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