Quigley v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/31/19 AWARDING attorney fees. (Kaminski, H)

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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff

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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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ALLEN M. QUIGLEY,

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Plaintiff,

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vs.
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Case No.: 2:18-cv-00938-CKD

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)

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Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of TWO-THOUSAND ONE-HUNDRED TWENTY-FIVE dollars

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($2,125.00). This amount represents compensation for all legal services rendered on behalf of

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Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §

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2412.

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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

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attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses is entered, the government will determine whether they are subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause the

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payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

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

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,
Dated: October 31, 2019

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/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff

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McGREGOR W. SCOTT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Counsel, Region IX

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Date: October 31, 2019

/s/Annabelle J. Yang
(As authorized via email on 10/29/19)
ANNABELLE J. YANG
Special Assistant United States Attorney

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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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ALLEN M. QUIGLEY,
Plaintiff,

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vs.

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ANDREW SAUL,
Commissioner of Social Security,

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Case No.: 2:18-cv-00938-CKD

ORDER RE STIPULATION FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees
under EAJA, in the amount of TWO-THOUSAND ONE-HUNDRED TWENTY-FIVE dollars

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($2,125.00), are awarded to Plaintiff, subject to the terms of the stipulation.
IT IS SO ORDERED.
Dated: October 31, 2019

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE