Lualhati v. Astrue

Filing 32

STIPULATION AND ORDER APPEARING BY PHONE re 28 Stipulation filed by Michael J. Astrue. Signed by Judge Edward M. Chen on 11/22/10. (bpf, COURT STAFF) (Filed on 11/22/2010)

Lualhati v. Astrue

Doc. 32

Case3:10-cv-00341-EMC Document28

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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: [phone] Facsimile: [phone] Attorneys for Defendant

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NANCY R. LUALHATI, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. C10- 00341 EMC STIPULATION AND ORDER CONCERNING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that Plaintiff does not object to the Commissioner's opposition to Plaintiff's motion for attorney's fees under the Equal Access to Justice Act (EAJA) as being untimely filed. The parties further stipulate that the EAJA matter be submitted on the briefs and respectfully request that the hearing scheduled for November 24, 2010 be cancelled. The parties further agree that, should this Court award any EAJA fees, the Commissioner withdraws section C of his opposition to Plaintiff's motion (Docket # 27), and the Order awarding fees contain the following language: 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

Dockets.Justia.com

Case3:10-cv-00341-EMC Document28

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United States Department of the Treasury's Offset Program. The government will determine whether the fees awarded are subject to any offset. Fees and expenses shall be made payable to Plaintiff, unless 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 Barbara M. Rizzzo to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

Dated: November 10, 2010

/s/ Barbara M. Rizzo (As authorized via telephone) BARBARA M. RIZZO P. O. Box 15 Moss Beach, CA 94038 Attorney for Plaintiff MELINDA L. HAAG United States Attorney

Dated: November 10, 2010

By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Parties shall appear by telephone. Court will initiate call. 11/22/10 Dated: __________________

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