Carroll v. CSS

Filing 19

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2017 AWARDING the plaintiff $5,000.00 as compensation for all legal services rendered in accordance with 28 U.S.C. § 2412(d). (Michel, G.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL, CSBN# 6191786
Regional Chief Counsel, Region IX
Social Security Administration
BEN A. PORTER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ALICE MARIE CARROLL,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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Case No. 2:15-CV-02076-EFB
STIPULATION and PROPOSED ORDER
AWARDING EQUAL ACCESS TO
JUSTICE ACT (EAJA) ATTORNEY FEES

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The parties agree that Plaintiff is entitled to an award of attorney fees and expenses to be

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paid by the Defendant pursuant to the EAJA, 28 U.S.C. § 2412, subject to any offset as described

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in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

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The parties agree that an award of attorney’s fees and expenses in the amount of $5,000.00

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shall be awarded to Plaintiff. This amount represents compensation for all legal services rendered
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on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.
§ 2412(d).

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If it is determined Plaintiff’s EAJA fees are not subject to any offset allowed under the

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Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made

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payable to Robert C. Weems, based upon Plaintiff’s assignment of these amounts to Plaintiff’s

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attorney.

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Finally, the parties agree whether the check is made payable to Plaintiff, or to Robert C.

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Weems, the check shall be mailed to Plaintiff's attorney at the following address: WEEMS LAW
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OFFICES, 769 Center Blvd., PMB 38, Fairfax, CA 94930.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees, and does not constitute an admission of liability on the part of Defendant under the

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or counsel, including counsel’s firm, may have relating

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to EAJA attorney fees in connection with this action.

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Respectfully submitted,

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Date: June 28, 2017

/s/Robert C. Weems
Robert C. Weems, CSBN 148156
Attorney at Law
Attorney for Plaintiff
By email authorization on June 28, 2017

Date: July 31, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/Geralyn Gulseth for Ben A. Porter
Ben A. Porter
Special Assistant United States Attorney
Attorneys for Defendant
ORDER

APPROVED AND SO ORDERED.
DATED: August 2, 2017

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EDMUND F. BRENNAN
UNITED STATE MAGISTRATE JUDGE