(SS) (CONSENT) Facey v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 7/19/2021 AWARDING plaintiff attorney fees and expenses in the amount of $8,000 under the EAJA. (Coll, A)

Case 2:19-cv-01596-DMC Document 20 Filed 07/19/21 Page 1 of 3

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MALLORY FACEY,
Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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Case No. 2:19-cv-01596-DMC
STIPULATION AND ORDER FOR THE
AWARD AND PAYMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d)

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

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counsel, subject to the approval of the Court, that Plaintiff Mallory Facey (Plaintiff) be awarded

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attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS

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($8,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount

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

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

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

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the matter of Plaintiff’s assignment of EAJA fees to counsel Shellie Lott. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the
Stipulation & [Proposed] Order
2:19-cv-01596-DMC

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Case 2:19-cv-01596-DMC Document 20 Filed 07/19/21 Page 2 of 3

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fees are subject to any offset allowed under the United States Department of the Treasury’s

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Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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

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

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be made directly to counsel Shellie Lott, pursuant to the assignment executed by Plaintiff. Any

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payments made shall be delivered to counsel Shellie Lott.

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

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

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

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bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Shellie Lott

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and Cerney Kreuze & Lott, LLP, may have relating to EAJA attorney fees in connection with

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this action.

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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.

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Respectfully submitted,
Dated: June 25, 2021

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By: /s/ Shellie Lott*
SHELLIE LOTT
Attorneys for Plaintiff
[*As authorized by e-mail on Jun. 25, 2021]

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CERNEY KREUZE & LOTT, LLP

Dated: July 19, 2021

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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Stipulation & [Proposed] Order
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Case 2:19-cv-01596-DMC Document 20 Filed 07/19/21 Page 3 of 3

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ORDER
Pursuant to stipulation, IT IS SO ORDERED.
Dated: July 19, 2021

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stipulation & [Proposed] Order
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