Shiboyan v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 04/04/18 ORDERING an award of attorney's fees for $4,998.46 for plaintiff, made payable to Plaintiff's attorney Geri N. Kahn. (Benson, A.)

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Geri N. Kahn (State Bar Number 148536)
[e-mail]
Law Office of Geri N. Kahn
465 California Street, Suite 609
San Francisco, CA 94104
Tel. [phone]
Fax [phone]
Attorney for Plaintiff
Ashot Shiboyan

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Ashot Shiboyan,

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Plaintiff,

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vs.

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Case No. 2:16-cv-01152 - KJN
STIPULATION and ORDER AWARDING
EQUAL ACCESS TO JUSTICE ACT (EAJA)
ATTORNEY FEES

Nancy A. Berryhill, Acting Commissioner of Social
Security,

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Defendant.
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The parties agree that Plaintiff is entitled to an award of attorney fees to be paid by the Defendant
pursuant to the EAJA, 28 U.S.C. § 2412, subject to any offset as described in Astrue v. Ratliff, 130 S.Ct.
2521 (2010). This amount represents compensation for all legal services rendered on behalf of Plaintiff
by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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The parties agree to an award of attorney’s fees in the amount of $4,998.46. If it is determined
Plaintiff’s EAJA fees are not subject to any offset allowed under the Department of the Treasury’s Offset

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Program, then the check for EAJA fees shall be made payable to Plaintiff’s attorney Geri N. Kahn, based

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upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney.

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This stipulation constitutes a compromise settlement of Ashot Shiboyan’s request for EAJA
attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA

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Case No. 2:16-cv-01152 - KJN
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STIPULATION AND ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT (EAJA) ATTORNEY
FEES

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

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all claims that Ashot Shiboyan and/or Geri N. Kahn may have relating to EAJA attorney fees in

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connection with this action.
Finally, the parties agree whether the check is made payable to Plaintiff, or to Geri N. Kahn, the

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check shall be mailed to Plaintiff's attorney at the following address: Law Offices of Geri N. Kahn, 465
California Street, Suite 609, San Francisco, CA 94104.

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Respectfully submitted,
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Date: April 2, 2018

/s/Geri N. Kahn*
Geri N. Kahn, CSBN 148536
Attorney at Law
Attorney for Plaintiff

Date: April 2, 2018

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Gina Tomaselli
Gina Tomaselli, CSBN 267090
Special Assistant United States Attorney
Attorneys for Defendant
*By email authorization on April 2, 2018

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ORDER

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APPROVED AND SO ORDERED:

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Dated: April 4, 2018

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Case No. 2:16-cv-01152 - KJN
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STIPULATION AND ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT (EAJA) ATTORNEY
FEES