(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)

Download PDF
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?