Trump v. Commissioner of Social Security

Filing 31

STIPULATION AND ORDER signed by Magistrate Judge Dennis M. Cota on 10/4/19 ORDERING Defendant to pay Plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. Plaintiff's previously filed motion for fees 29 is DENIED as moot. (Mena-Sanchez, L)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax
Attorney for Plaintiff
CLIFFORD TRUMP

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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CLIFFORD TRUMP,
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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. 2:18-cv-01610-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 Two Thousand Nine Hundred

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Twelve Dollars and Ninety-Five Cents ($2,912.95 under the Equal Access to Justice Act, 28

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U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for

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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: October 3, 2019

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/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff

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Dated: October 3, 2019

/s/ per email authorization
BEN A. PORTER
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 previously filed motion for fees (ECF No. 29) is denied as moot.

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Dated: October 4, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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