Jeffrey Scott Rose v. Carolyn W Colvin

Filing 29

Order by Magistrate Judge Nandor J. Vadas granting 28 Stipulation.(njvlc1, COURT STAFF) (Filed on 2/25/2016)

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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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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY SCOTT ROSE,

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Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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Case No.: 1:14-cv-05044-NJV
ORDER GRANTING

AMENDED 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

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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 be awarded attorney fees in the amount

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of TWO THOUSAND, EIGHT HUNDRED AND SEVEN DOLLARS AND 26/100 CENTS

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($2,807.26) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the

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amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. §1920. 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. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 1:14-cv-05044-NJV-1

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matter of Mr. Rose’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 Jeffrey Rose, but if the Department of the Treasury

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

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

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by Mr. Rose. 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

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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 TWO THOUSAND, EIGHT HUNDRED AND SEVEN

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DOLLARS AND 26/100 CENTS ($2,807.26) in EAJA attorney fees and expenses, and payment of

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FOUR HUNDRED DOLLARS ($400.00) in costs, shall constitute a complete release from, and bar

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to, any and all claims that Plaintiff Rose and Plaintiff’s Attorney Kenneth J. Collins may have

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relating to EAJA attorney fees and expenses 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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Dated: January 29, 2016

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

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//
Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 1:14-cv-05044-NJV-2

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Dated: January 29, 2016

BRIAN J. STRETCH
Acting United States Attorney

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DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Ellinor Coder
ELLINOR CODER
Special Assistant United States Attorney

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OF COUNSEL
AMANDA SCHAPEL
Assistant Regional Counsel
(as authorized by email)

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Attorneys for Defendant
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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded
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attorney fees in the amount of $2807.26

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, as
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authorized by 28 U.S.C. 2412(d), and costs in the amount of

$400.00

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authorized by 28 U.S.C. §1920, subject to the terms of the above-referenced Stipulation.
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Dated:
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February 25, 2016

THE HONORABLE NANDOR J. VADAS
United States Magistrate Judge

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Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act, Case No. 1:14-cv-05044-NJV-3

, as

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