Lankford v. Astrue

Filing 23

STIPULATION AND ORDER. Signed by Magistrate Judge Nandor J. Vadas on May 13, 2013. (njvlc2, COURT STAFF) (Filed on 5/13/2013)

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KENNETH J. COLLINS, CSBN 100579
ATTORNEY AT LAW.
P. O. BOX 1193
ARCATA, CA 95518
[phone] FAX [phone]
EMAIL: [e-mail]

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ATTORNEY FOR PLAINTIFF

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION
GARY LANKFORD,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, Commissioner of
Social Security,

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Defendant.

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Case No.: 1:12-cv-01517-NJV
STIPULATION FOR 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 UNDER 28
U.S.C. § 1920
& ORDER

TO THE HONORABLE NANDOR J. VADAS, MAGISTRATE JUDGE OF THE
DISTRICT COURT:
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 Gary Lankford be awarded attorney fees

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and expenses in the amount of THREE THOUSAND, TWO HUNDRED, AND FORTY-FOUR

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dollars and 00/100 cents ($3,244.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d). This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

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2412(d).
& ORDER
Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 12-cv-01517-NJV-1-

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

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matter of Mr. Lankford’s assignment of EAJA fees to Kenneth J. Collins. The retainer agreement

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containing the assignment is attached as Exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529

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(2010), the ability to honor the assignment will depend on whether the fees are subject to any offset

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allowed under the United States Department of the Treasury's Offset Program. After the order for

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EAJA fees is entered, the government will determine whether they are subject to any offset.

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Fees shall be made payable to Gary Lankford, but if the Department of the Treasury

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determines that Mr. Lankford does not owe a federal debt, then the government shall cause the

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payment of fees, expenses and costs to be made directly to Mr. Collins, pursuant to the assignment

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executed by Mr. Lankford. Any payments made shall be delivered to Mr. Collins.

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

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

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otherwise. Payment of THREE THOUSAND, TWO HUNDRED AND FORTY-FOUR dollars

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and 00/100 cents ($3,244.00) in EAJA attorney fees, shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff Gary Lankford and Plaintiff’s Attorney Kenneth J. Collins

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may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s Attorney, Kenneth J. Collins to

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seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

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provisions of the EAJA.

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Respectfully submitted,

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/s/ Kenneth J. Collins
(Per email authorization)
KENNETH J. COLLINS
Attorney for Plaintiff

Dated:

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//
& ORDER
Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 12-cv-01517-NJV-2-

Dated:

MELINDA L. HAAG
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Patrick William Snyder
PATRICK WILLIAM SNYDER
Special Assistant United States Attorney
Attorneys for Defendant

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Dated:

May 13, 2013

R NIA

IT IS SO ORDERED.

UNIT
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& ORDER
Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 12-cv-01517-NJV-3-