(SS) Lee v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES signed by Magistrate Judge Deborah Barnes on 1/6/2021. ORDERING that Plaintiff be awarded Attorney Fees under the EAJA in the amount of SEVEN-THOUSAND TWO-HUNDRED SIXTY-EIGHT dollars ($7,268.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and FOUR-HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. (Mena-Sanchez, L)

Download PDF
1 4 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 2 3 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DERECK S. LEE, Plaintiff, 10 11 vs. 12 ANDREW SAUL, 13 No. 2:19-cv-0603 DB Commissioner of Social Security, 14 Defendant STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 15 16 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 TWO-HUNDRED SIXTY-EIGHT dollars 21 22 ($7,268.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and FOUR- 23 HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 28 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) and Costs Pursuant to 28 U.S.C. § 1920 2:19-cv-00603-DB Page 1 1 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 2 assignment will depend on whether the fees and expenses are subject to any offset allowed under 3 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 4 5 and expenses is entered, the government will determine whether they are subject to any offset. 6 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause the 8 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 10 11 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 12 attorney fees and expenses, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 14 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 15 EAJA attorney fees and expenses in connection with this action. 16 17 18 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 19 20 Respectfully submitted, Dated: December 18, 2020 21 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff 22 McGREGOR W. SCOTT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX 23 24 25 26 27 28 Dated: December 18, 2020 /s/ Ellinor Coder (As authorized via email on 12/18/20) ELLINOR R. CODER Special Assistant United States Attorney STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) and Costs Pursuant to 28 U.S.C. § 1920 2:19-cv-00603-DB Page 2 1 2 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 DATED: January 6, 2021 4 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 5 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) and Costs Pursuant to 28 U.S.C. § 1920 2:19-cv-00603-DB Page 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?