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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7 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: (415) 977-8979 Facsimile: (415) 744-0134 E-Mail: 8 Attorneys for Defendant 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 ALICE MARIE CARROLL, 15 16 17 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) Case No. 2:15-CV-02076-EFB STIPULATION and PROPOSED ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT (EAJA) ATTORNEY FEES 20 21 The parties agree that Plaintiff is entitled to an award of attorney fees and expenses to be 22 paid by the Defendant pursuant to the EAJA, 28 U.S.C. § 2412, subject to any offset as described 23 in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 24 The parties agree that an award of attorney’s fees and expenses in the amount of $5,000.00 25 shall be awarded to Plaintiff. This amount represents compensation for all legal services rendered 26 27 28 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 1 If it is determined Plaintiff’s EAJA fees are not subject to any offset allowed under the 2 Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made 3 payable to Robert C. Weems, based upon Plaintiff’s assignment of these amounts to Plaintiff’s 4 attorney. 5 Finally, the parties agree whether the check is made payable to Plaintiff, or to Robert C. 6 Weems, the check shall be mailed to Plaintiff's attorney at the following address: WEEMS LAW 7 8 9 OFFICES, 769 Center Blvd., PMB 38, Fairfax, CA 94930. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel, including counsel’s firm, may have relating 13 to EAJA attorney fees in connection with this action. 14 15 Respectfully submitted, 16 17 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 18 19 20 21 By: 22 23 24 25 26 27 28 /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 _________________________________ EDMUND F. BRENNAN UNITED STATE MAGISTRATE JUDGE

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