Gama v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 06/05/19 ORDERING that defendant pay plaintiff's attorney fees pursuant to the EAJA ; 31 Motion for Attorney Fees denied as moot. (Benson, A.)
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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
(916) 488-3030
(916) 489-9297 fax
Attorney for Plaintiff
J. GAMA o/b/o X.L.
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-
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J. GAMA on behalf of X.L,
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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. 2:17-CV-01969-MCE-DMC
STIPULATION AND
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 the undersigned, subject to the approval of the
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Court, that plaintiff be awarded attorney fees in the amount of Three Thousand Seven hundred
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Dollars ($3,700.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will
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[Pleading Title] - 1
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be no award of costs. This will represent compensation for all legal services rendered by counsel
for plaintiff in this civil action and in accordance with that statute.
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.
This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees
and not an admission of liability of defendant under the EAJA. Payment of this agreed amount
shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees
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: May 22, 2019
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/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff
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Dated: May 22, 2019
/s/ per email authorization
BEATRICE NA
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
defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this stipulation.
Plaintiff’s motion for said fees is denied as moot. The Clerk of the Court is directed to
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terminate ECF No. 31 as a pending motion.
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Dated: June 5, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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[Pleading Title] - 3
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