(SS) Duarte v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/17/2020 AWARDING fees and expenses in the amount of $5,773.18 subject to the terms of the Stipulation. (Huang, H)

Case 2:19-cv-01019-AC Document 25 Filed 11/18/20 Page 1 of 4

1 Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
2 Peña & Bromberg, PLC
3 2440 Tulare St., Ste. 320
Fresno, CA 93721
4 Telephone: [phone]
5 Facsimile: 559-439-9723
Email: [e-mail]
6 Attorney for Plaintiff, Bonnie Jean Duarte
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 BONNIE JEAN DUARTE,
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Plaintiff,
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v.
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15 ANDREW SAUL, Commissioner of
16 Social Security,
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Case No. 2:19-cv-01019-AC
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; [PROPOSED] ORDER

Defendant.
IT IS HEREBY STIPULATED by and between the parties through their

19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
20 attorney fees and expenses in the amount of FIVE THOUSAND SEVEN HUNDRED
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SEVENTY-THREE DOLLARS and 18/100 ($5,773.18), under the Equal Access to
Justice Act (EAJA), 28 U.S.C. § 2412(d). 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. § 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability

Case 2:19-cv-01019-AC Document 25 Filed 11/18/20 Page 2 of 4

1 to honor the assignment will depend on whether the fees are subject to any offset
2 allowed under the United States Department of the Treasury’s Offset Program. After
3 the order for EAJA fees is entered, the government will determine whether they are
4 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

6 determines that Plaintiff does not owe a federal debt, then the government shall cause
7 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to
8 the assignment executed by Plaintiff. Any payments made shall be delivered to
9 Plaintiff’s counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

11 EAJA attorney fees, and does not constitute an admission of liability on the part of
12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall
13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
14 Counsel including Counsel’s firm may have relating to EAJA attorney fees in
15 connection with this action.
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This award is without prejudice to the rights of Counsel and/or Counsel’s firm
17 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the
18 savings clause provisions of the EAJA.
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Respectfully submitted,

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Dated: October 12, 2020

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

Dated: November 16, 2020

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

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Case 2:19-cv-01019-AC Document 25 Filed 11/18/20 Page 3 of 4

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By: _*_Ellinor R. Coder
Ellinor R. Coder
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on November 16, 2020).

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Case 2:19-cv-01019-AC Document 25 Filed 11/18/20 Page 4 of 4

[PROPOSED] ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the

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5 amount of $5,773.18 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms
6 of the Stipulation.
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DATED: November 17, 2020

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