Dunn v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/7/2018 IT IS SO ORDERED that Christopher Michael Dunn, will be awarded attorney fees in the amount of $6,500.00 under the Equal Access to Justice Act, 28:2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:2412(d). (Reader, L)

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JOHN V. JOHNSON
Attorney for Plaintiff
MCGREGOR SCOTT
United States Attorney
DEBORAH LEE STACHEL, Bar No. 230138
Regional Chief Counsel, Region IX
Social Security Administration
Karen S. Clark
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CHRISTOPHER MICHAEL DUNN,

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

No. 2:17-cv-01791 DB
STIPULATION AND ORDER

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval

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of the Court, that Christopher Michael Dunn, will be awarded attorney fees in the amount of SIX THOUSAND

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FIVE HUNDRED and NO CENTS DOLLARS ($6,500.00) under the Equal Access to Justice Act (EAJA), 28

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U.S.C. section 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by

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counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d).

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After the Court issues an order for EAJA fees to Christopher Michael Dunn, the Defendant will consider

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any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010),

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the ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the

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United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant

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will determine whether they are subject to any offset.

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Fees shall be made payable to Christopher Michael Dunn, but if the Department of the Treasury determines

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that Christopher Michael Dunn, does not owe a federal debt, then the government shall cause the payment of fees to

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be made directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be

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delivered to John V. Johnson.

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This stipulation constitutes a compromise settlement of Christopher Michael Dunn’s request for EAJA

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attorney fees and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of

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the agreed amount shall constitute complete release from, and bar to, any and all claims that Christopher Michael

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Dunn, and/or John V. Johnson may have relating to EAJA attorney fees in connection with this action. This award is

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without prejudice to the rights of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. section

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406(b) subject to the savings clause provisions of EAJA.

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Respectfully Submitted,

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DATED: November 30, 2018

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: November 30, 2018

MCGREGOR SCOTT
United States Attorney
DEBORAH L. STACHEL Acting
Regional Chief Attorney, Region IX
Social Security Administration

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By: / s / Karen S. Clark
KAREN S. CLARK
Special Assistant U.S. Attorney
Attorney for Defendant

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

Dated: December 7, 2018

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DLB:6
DB\orders\orders.soc sec\dunn1791.stip.eaja.ord

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