Lor v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/6/17: Plaintiff be awarded attorney fees in the amount of $4,250.00 under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be 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
DIA LOR

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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DIA LOR,
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Plaintiff,
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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. 2:15-cv-01478-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 Four Thousand Two Hundred

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Fifty Dollars ($4,250.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that
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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
under the United States Department of Treasury’s Offset Program. Fees shall be made payable to
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:

June 2, 2017

JESSE S. KAPLAN
Attorney for Plaintiff

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/s/ Jesse S. Kaplan

Dated: June 2, 2017

/s/ per email authorization

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TIMOTHY BOLIN
Special Assistant U.S. Attorney
Attorney for Defendant

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[Pleading Title] - 2

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

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Dated: June 6, 2017

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DLB:6
DB\orders\orders.soc sec\lor1478.stip.eaja.ord

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[Pleading Title] - 3