Showers v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/17 DENYING as moot 25 Motion for Attorney Fees. Defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. (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
DeANDRE SHOWERS

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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DeANDRE SHOWERS,
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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. 2:16-cv-00053-CKD

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 Five Thousand One Hundred Six

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Dollars and 61 cents ($5,106.61) 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.

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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: December 15, 2017

JESSE S. KAPLAN
Attorney for Plaintiff

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/s/ Jesse S. Kaplan

Dated: December 15, 2017

/s/ per email authorization

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BEN A. PORTER
Special Assistant U.S. Attorney
Attorney for Defendant

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

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1. Plaintiff’s motion for attorney’s fees (ECF No. 25) is denied as moot; and
2. Defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this
stipulation.
Dated: December 19, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE