(SS) Kapitula v. Commissioner of Social Security

Filing 23

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 1/6/2021 GRANTING 20 Motion for Attorney Fees and ORDERING that Plaintiff be awarded attorney fees and expenses in the amount of FOUR THOUSAND SEVEN HUNDRED THIRTY-EIGHT dolla rs and NINETY-FIVE cents ($4,738.95) AND FOUR HUNDRED dollars ($400.00) in costs. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI, NYSBN 4692018
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13

FEDOR KAPITULA,
Plaintiff,

14
15

vs.

16
17

ANDREW SAUL,
Commissioner of Social Security,

18

Case No.: 2:19-cv-00731-EFB

)
)
)
)
)
)
)
)
)
)
)
)

STIPULATION AND [PROPOSED]
ORDER THE AWARD AND PAYMENT
OF ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d),
AND COSTS PURSUANT TO 28 U.S.C. §
1920

Defendant.
19
20
21
22
23
24
25
26
27
28

Stipulation for EAJA Fees: 2:19-cv-00731-EFB

1

1

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

2

counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses

3

in the amount of FOUR THOUSAND SEVEN HUNDRED THIRTY-EIGHT dollars and

4

NINETY-FIVE cents ($4,738.95) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

5

§ 2412(d) AND FOUR HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. This

6

amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel

7

in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

8

After the Court issues an order for EAJA fees to Plaintiff, the government will consider

9

the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560

10

U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will

11

depend on whether the fees are subject to any offset allowed under the United States Department

12

of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

13

determine whether they are subject to any offset.

14

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

15

that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

16

expenses and costs to be made directly to counsel, pursuant to the assignment executed by

17

Plaintiff. Any payments made shall be delivered to counsel.

18

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

19

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

20

the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from,

21

and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have

22

relating to EAJA attorney fees in connection with this action.

23
24
25
26

This award is without prejudice to the rights of counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
This stipulation also serves as notice that Plaintiff withdraws his Motion for Attorney
Fees under the Equal Access to Justice Act (Dkt. 20).

27
28

Stipulation for EAJA Fees: 2:19-cv-00731-EFB

2

1

Date: December 31, 2020

JESSE S. KAPLAN
By:

2
3
4

/s/ Asim Modi for Jesse S. Kaplan*
JESSE S. KAPLAN
*Authorized by email on December 31, 2020
Attorneys for Plaintiff

5
6

Date: December 31, 2020

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

7
8
By:

9
10

/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

11
12
ORDER

13
14
15
16

APPROVED AND SO ORDERED. The Clerk of Court is directed to terminate ECF No.
20.
DATED: January 6, 2021.

17
18
19
20
21
22
23
24
25
26
27
28

Stipulation for EAJA Fees: 2:19-cv-00731-EFB

3