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)

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: [phone]
Fax: [phone]
E-mail: [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