Baker v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/26/2018 AWARDING Plaintiff attorney fees and expenses in the amount of $7,500.00 under the EAJA and DENYING 27 Motion for Attorney Fees as moot. (Huang, H)

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LEGAL SERVICES OF NORTHERN CALIFORNIA
ANTONIO VALDEZ, SBN # 288656
KAREN KONTZ, SBN # 300918
190 Reamer Street
Auburn, CA 95603
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner,
Tad Joseph Baker

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAD JOSEPH BAKER,

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Plaintiff,
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vs.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,

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Defendant.

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No. 2:17-cv-00266-DB

STIPULATION AND ORDER FOR
THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded

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attorney fees and expenses in the amount of SEVEN THOUSAND FIVE HUNDRED

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dollars ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).

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This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§ 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will

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consider the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant

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to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the

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ability to honor the assignment will depend on whether the fees are subject to any offset
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Baker v. Berryhill, 2:17-CV-00266-DB
STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES

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allowed under the United States Department of the Treasury’s Offset Program. After

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the order for EAJA fees is entered, the government will determine whether they are

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subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees, expenses and costs to be made directly to counsel, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to counsel.

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

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Plaintiff and/or

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counsel including counsel’s firm may have relating to EAJA attorney fees in connection

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with this action.

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Respectfully submitted,

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Date: December 19, 2018

LEGAL SERVICES OF NORTHERN CALIFORNIA
/s/ Antonio Valdez
By: Antonio Valdez, Attorney for Plaintiff

Date: December 19, 2018

/s/ Donna W. Anderson
DONNA W. ANDERSON
Special Assistant U.S. Attorney
Attorneys For Defendant
(* By e-mail authorization on 12/19/2018)

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Baker v. Berryhill, 2:17-CV-00266-DB
STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.1

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Dated: December 26, 2018

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DLB:6
DB\orders\orders.soc sec\baker0266.stip.eaja.ord

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In light of the parties’ stipulation, plaintiff’s November 27, 2018 motion for attorney’s fees
(ECF No. 27) is denied as having been rendered moot.
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Baker v. Berryhill, 2:17-CV-00266-DB
STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES