(SS) Gutierriez v. Commissioner of Social Security

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/2020 GRANTING 18 Stipulation Settling EAJA Fees.(Streeter, J)

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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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO BRANCH

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SHIRLEY ANN GUTIERRIEZ,

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Plaintiff,

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Case No.: 2:19-cv-00359-CKD

vs.
ANDREW SAUL,
Commissioner of Social Security,

STIPULATION AND PROPOSED 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
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of TWO-THOUSAND SEVEN-HUNDRED FIFTY dollars and THIRTY-

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SIX cents ($2,750.36). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28

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U.S.C. § 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

STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:19-CV-00359-CKD

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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: November 17, 2020

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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: November 17, 2020

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/s/ Donna W. Anderson
(As authorized via email on 11/12/20)
By Sathya Oum for Donna W. Anderson
Special Assistant United States Attorney

STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:19-CV-00359-CKD

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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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO BRANCH

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SHIRLEY ANN GUTIERRIEZ,

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Plaintiff,

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Case No.: 2:19-cv-00359-CKD

vs.
ANDREW SAUL,
Acting Commissioner of Social Security,

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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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees
under EAJA, in the amount of TWO-THOUSAND SEVEN-HUNDRED FIFTY dollars and
THIRTY-SIX cents ($2,750.36), are awarded to Plaintiff, subject to the terms of the stipulation.

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IT IS SO ORDERED.
Dated: November 17, 2020November 17, 2020

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STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
2:19-CV-00359-CKD

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