Ignatyev v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 07/09/18 ORDERING defendant pay plaintiff's attorney fees pursuant to the EAJA. (Benson, A.)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax

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Attorney for Plaintiff
GALINA IGNATYEV

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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GALINA IGNATYEV,
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Plaintiff,

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v.

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Nancy Berryhill, Acting
COMMISSIONER OF SOCIAL
SECURITY,

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No. 2:16-CV-02579-EFB

STIPULATION AND
PROPOSED ORDER
APPROVING SETTLEMENT
OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO
JUSTICE ACT [28 U.S.C.
§2412(d)]

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Defendant.
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THE PARTIES STIPULATE through their undersigned counsel that the Court’s order of

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April 22, 2014, granting plaintiff’s motion for attorney fees under the Equal Access to Justice

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Act may be withdrawn and this stipulation and order substituted therefor.

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[Pleading Title] - 1

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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 Seven hundred

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nineteen Dollars and eighty-eight cents ($4,719.88) under the Equal Access to Justice Act, 28
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U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for

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all legal services rendered by counsel for plaintiff in this civil action and in accordance with that

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statute.

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Upon the Court’s order, defendant will consider the assignment of those EAJA fees

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pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed

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under the United States Department of Treasury’s Offset Program. Fees shall be made payable to

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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 29, 2018

/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff

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[Pleading Title] - 2

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Dated: July 2, 2018

/s/ per email authorization

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

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ORDER

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GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that
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defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this stipulation.

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The Clerk is directed to terminate the motion at ECF No. 24.

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DATED: July 9, 2018.

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[Pleading Title] - 3