Morgunov v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/20/18 AWARDING plaintiff attorney fees and expenses in the amount of $1800.00 and no costs. This Stipulation renders MOOT the 24 Motion for Attorney Fees. (Benson, A.)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER A. KENNEY, CSBN 241625
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MARIA MORGUNOV,

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

No. 2:17-cv-01363-DB
STIPULATION AND ORDER FOR
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §
2412(d), AND COSTS PURSUANT TO
28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and

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expenses in the amount of $1800.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all

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legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel, Jesse S. Kaplan.
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Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will

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depend on whether the fees are subject to any offset allowed under the United States Department

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of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,
expenses and costs to be made directly to Jesse S. Kaplan, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Jesse S. Kaplan.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees, and does not constitute an admission of liability on the part of Defendant under the

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

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bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating

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to EAJA attorney fees in connection with this action.
Respectfully submitted,

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Dated: December 17, 2018

/s/ Jesse S. Kaplan*
(*as authorized by email on Dec. 17, 2018)
JESSE S. KAPLAN
Attorney for Plaintiff

Dated: December 17, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX,
Social Security Administration

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By:

/s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant U.S. Attorney
Attorneys for Defendant

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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 20, 2018

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DLB:6
DB\orders\orders.soc sec\morgunov1363.stip.eaja.ord

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In light of the parties’ stipulation, plaintiff’s December 15, 2018 motion for attorney fees
(ECF No. 24) is denied as having been rendered moot.
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