Kreis v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 6/27/19 AWARDING plaintiff attorney's fees under EAJA in the amount of $7,000.00 subject to the terms of the stipulation. (Coll, A)

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1 4 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 2 3 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 SACRAMENTO DIVISION 9 10 TONI A KREIS, 11 Case No.: 2:17-cv-01633-DMC Plaintiff, 12 vs. 13 14 ANDREW SAUL, Commissioner of Social Security, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 16 Defendant 17 18 19 20 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 under the EAJA in the amount of SEVEN-THOUSAND dollars ($7,000.00). This amount represents 21 22 23 24 25 26 compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 27 28 assignment will depend on whether the fees and expenses are subject to any offset allowed under STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2:17-cv-01633-CMK Page 1 1 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 2 and expenses is entered, the government will determine whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of 10 11 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 13 EAJA attorney fees and expenses in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 16 17 Respectfully submitted, 18 19 Dated: June 27, 2019 20 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff 21 McGREGOR W. SCOTT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX 22 23 24 25 Date: June 27, 2019 26 /s/ Carolyn B. Chen (As authorized via email on 6/24/19) CAROLYN B. CHEN Special Assistant United States Attorney 27 28 STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2:17-cv-01633-CMK Page 2 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 SACRAMENTO DIVISION 6 7 8 TONI A. KREIS, Case No.: 2:17-cv-01633-DMC Plaintiff, 9 10 vs. 11 ANDREW SAUL, Commissioner of Social Security, 12 13 ORDER RE STIPULATION FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Defendant 14 15 16 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees under EAJA, in the amount of SEVEN-THOUSAND dollars ($7,000.00), are awarded to 17 18 19 Plaintiff, subject to the terms of the stipulation. IT IS SO ORDERED. 20 21 22 Dated: June 27, 2019 23 _________________________ ___________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2:17-cv-01633-CMK Page 3

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