Patterson v. Astrue

Filing 26

STIPULATION AND ORDER re 25 Stipulation Awarding Attorney Fees, filed by Michael J. Astrue. Signed by Judge Elizabeth D Laporte on 1/10/2012. (kns, COURT STAFF) (Filed on 1/11/2012)

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1 2 3 4 5 6 7 8 MELINDA L. HAAG, SBN CA 132612 United States Attorney DONNA L. CALVERT, SBN IL 6191786 Acting Regional Chief Counsel, Region IX, Social Security Administration LEO R. MONTENEGRO, SBN NY 2616118 Special Assistant United States Attorney 333 Market St, Ste 1500 San Francisco, CA 94105 Telephone: (415) 977-8943 Fax: (415) 744-0134 E-mail: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 JEFFREY PATTERSON, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) ______________________________) CIVIL NO. 11-00925 EDL STIPULATION AND PROPOSED ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 18 19 IT IS HEREBY STIPULATED by the parties, through their undersigned counsel, subject 20 to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to 21 Justice Act in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO 22 CENTS ($2,500.00). This amount represents compensation for all legal services rendered on 23 behalf of Plaintiff by counsel in connection with this civil action for services performed before 24 the district court in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s 27 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment 28 STIP FOR EAJA ATTY FEES C 11-00925-EDL 1 1 will depend on whether the fees and expenses are subject to any offset allowed under the United 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses 3 is entered, the government will determine whether they are subject to any offset. Fees and 4 expenses shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to Tom Weathered, pursuant to the assignment executed 7 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees and does not constitute an admission of liability on the part of Defendant under the 10 EAJA. Payment in the aforementioned sum under EAJA shall constitute a complete release from 11 and bar to any and all claims, rights, causes of action, liens or subrogated interests relating to 12 attorneys fees and costs incurred in this action under EAJA. 13 The settlement of Plaintiff’s claim for EAJA attorney fees does not preclude Plaintiff's 14 counsel from seeking attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, subject 15 to the offset provisions of the law. 16 17 Respectfully submitted, 18 DATE: 12/1/11 /s/ Tom F. Weathered (As authorized via e-mail) TOM F. WEATHERED Attorney for Plaintiff DATE: 1/12/12 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX 19 20 21 22 23 25 /s/ Leo R. Montenegro LEO R. MONTENEGRO Special Assistant U.S. Attorney 26 Attorneys for Defendant By: 24 27 28 STIP FOR EAJA ATTY FEES C 11-00925-EDL 2 1 PROPOSED ORDER 3 January 10, 2012 DATED: _________________________ S ___________________________________ ELIZABETH D. LAPORTE e UNITED STATES MAGISTRATE JUDGE . Laport abeth D liz Judge E H ER LI RT 8 FO NO 7 DERED O OR IT IS S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP FOR EAJA ATTY FEES C 11-00925-EDL 3 A 6 UNIT ED 5 RT U O Approved and so ordered. 4 S DISTRICT TE C TA R NIA 2 N F D IS T IC T O R C

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