(SS) Cairns v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2020 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of $7,750.00. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28:2412. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42:406, subject to the offset provisions of the EAJA. (Reader, L)

1
2
3
4

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

5
6

Attorney for Plaintiff
UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

CARLYN COLLEEN CAIRNS,

11

Plaintiff,

12
13
14

No. 2:18-cv-02905-DB

vs.
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)

15
16

Defendant

17
18
19
20

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of SEVEN-THOUSAND SEVEN-HUNDRED FIFTY dollars ($7,750.00).

21
22
23
24
25
26

This amount represents compensation for all legal services rendered on behalf of Plaintiff, to
date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
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
attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

27
28

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

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:18-CV-02905-DB

PAGE 1

1

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

2

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

3

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

4
5

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

6

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

7

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

8

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

9

attorney fees and expenses, and does not constitute an admission of liability on the part of
10
11

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

12

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

13

EAJA attorney fees and expenses in connection with this action.

14

This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security

15

Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
16
17

Respectfully submitted,

18
19

Dated: November 17, 2020

20

/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff

21

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

22
23
24
25

Date: November 17, 2020

26

/s/ Michael K. Marriott
(As authorized via email on 11/17/20)
MICHAEL K. MARRIOTT
Special Assistant United States Attorney

27
28
STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:18-CV-02905-DB

PAGE 2

1

ORDER

2
3
4

Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: November 17, 2020

5

/S/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:18-CV-02905-DB

PAGE 3