Smith v. Astrue

Filing 20

STIPULATION AND ORDER approving settlement of attorneys' fees; Signed by Judge Marilyn Hall Patel on 11/16/2010. (awb, COURT STAFF) (Filed on 11/16/2010)

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Smith v. Astrue Doc. 20 1 2 3 4 5 6 7 MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration ELIZABETH FIRER, SBN WI 1034148 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8943 Facsimile: (415) 744-0134 Attorneys for Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION REBECCA K. SMITH, ) ) CIVIL NO. C-09-03777 MHP Plaintiff, ) ) v. ) STIPULATION AND ORDER APPROVING ) SETTLEMENT OF ATTORNEY FEES MICHAEL J. ASTRUE, ) PURSUANT TO THE EQUAL ACCESS TO Commissioner of ) JUSTICE ACT Social Security, ) ) Defendant. ) _________________________________) IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that counsel for Plaintiff, as assignee, be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of FOUR THOUSAND, SEVEN HUNDRED DOLLARS AND THIRTY-FIVE CENTS ($4,785.35) and FOUR HUNDRED, FORTY DOLLARS AND ONE CENT ($440.01) in costs. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 1920, 2412(d). 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 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses is entered, the government will determine 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 whether they are subject to any offset. Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Ian Sammis, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action. 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 provisions of the EAJA. Dated: November 15, 2010 /s/ Ian M. Sammis (As authorized via email) IAN M. SAMMIS 11 Tamalpais Avenue, #1 San Rafael, CA 94901 Attorney for Plaintiff MELINDA L. HAAG United States Attorney Dated: November 15, 2010 By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of FOUR THOUSAND, SEVEN HUNDRED DOLLARS AND THIRTY-FIVE CENTS ($4,785.35) and FOUR HUNDRED, FORTY DOLLARS AND ONE CENT ($440.01) in costs, as authorized by 28 U.S.C. 1920, 2412(d), subject to the terms of the above-referenced Stipulation. 11/16/2010 Dated: __________________ S DISTRIC TE __________ T C ___________________ TA MARILYN H. PATEL United States District Judge RT U O UNIT ED S 2 arilyn Judge M LI FO l H. Pate R NIA O OR IT IS S DERED NO RT H

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