Rumantsev v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2019 ORDERING that defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation, and DIRECTING the Clerk of Court to terminate 32 Motion for Attorney Fees. (Huang, H)
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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
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Attorney for Plaintiff
VYACHESLAV RUMYANTSEV
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VYACHESLAV RUMYANTSEV,
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Plaintiff,
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v.
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Andrew Saul
COMMISSIONER OF SOCIAL
SECURITY,
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No. 2:17-CV-02539-EFB
STIPULATION AND
PROPOSED 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 Four Thousand Two Hundred
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Fifty Dollars ($4,250) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there
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[Pleading Title] - 1
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will 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.
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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
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and not an admission of liability of defendant under the EAJA. Payment of this agreed amount
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shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees
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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: July 18, 2018
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/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff
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Dated: July 18, 2018
/s/ per email authorization
TINA NAICKER
Special Assistant U.S. Attorney
Attorney for Defendant
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[Pleading Title] - 2
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ORDER
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GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that
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defendant pay plaintiff’s attorney fees pursuant to the EAJA in accordance with this stipulation.
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The Clerk of Court is directed to terminate ECF No. 32.
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DATED: July 24, 2019.
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