(SS) Cline v. Commissioner of Social Security
Filing
15
STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/24/2024 AWARDING Plaintiff fees and expenses in the amount of $1,467.72 and no costs. (Lopez, K)
1
2
3
4
5
6
John Metsker, Esq. SBN 268977
THE METSKER LAW FIRM
P.O. Box 590881
San Francisco, CA 94159
Phone: 866-342-6180
Fax: 415-500-4081
jmetsker@metskerlaw.com
Attorney for Plaintiff
7
8
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
12
13
14
15
16
MICHAEL V. CLINE,
No. 2:24-cv-1609-JDP
Plaintiff,
v.
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)
Defendant.
17
18
IT IS HEREBY STIPULATED by and between the parties through their
19
20
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
21
attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),
22
in the amount of ONE THOUSAND FOUR HUNDRED SIXTY-SEVEN
23
24
DOLLARS AND SEVENTY-TWO CENTS ($1,467.72) and no costs under 28
25
U.S.C. § 1920. These amounts represent compensation for all legal services
26
27
28
rendered and costs incurred on behalf of Plaintiff, to date, by counsel in connection
with this civil action, in accordance with 28 U.S.C. §§ 2412(d) and 1920.
1
2
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
3
4
expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010),
5
the ability to honor the assignment will depend on whether the fees are subject to
6
any offset allowed under the United States Department of the Treasury’s Offset
7
8
Program. After the order for EAJA fees and expenses is entered, the government
9
will determine whether they are subject to any offset.
10
Fees and expenses shall be made payable to Plaintiff, but if the Department
11
12
of the Treasury determines that Plaintiff does not owe a federal debt, then the
13
government shall cause the payment of fees to be made directly to Plaintiff’s
14
15
counsel, John D. Metsker, pursuant to the assignment executed by Plaintiff. Any
16
payments made shall be paid via electronic funds transfer (EFT) or via check
17
delivered to Plaintiff’s counsel.
18
This stipulation constitutes a compromise settlement of Plaintiff's request for
19
20
EAJA attorney fees and expenses, and does not constitute an admission of liability
21
on the part of Defendant under the EAJA. Payment of the agreed amount shall
22
23
constitute a complete release from, and bar to, any and all claims that Plaintiff
24
and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in
25
connection with this action.
26
27
28
/////
/////
2
1
2
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
3
4
provisions of the EAJA.
5
6
Respectfully submitted,
7
8
Dated: October 23, 2024
/s/ John David Metsker
JOHN DAVID METSKER
Attorney for Plaintiff
Dated: October 23, 2024
/s/ Justin L. Martin*
JUSTIN L. MARTIN
*As authorized via email on
October 23, 2024
Special Assistant United States Attorney
Office of Program Litigation, Office 7
Attorney for Defendant
9
10
11
12
13
14
15
16
17
18
[PROPOSED] ORDER
19
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
20
21
IT IS SO ORDERED.
22
23
24
Dated:
October 24, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
25
26
27
28
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?