Bagley v. Astrue

Filing 38

STIPULATION AND ORDER re 37 AWARDING ATTORNEY FEES, Terminate Motions filed by Matthew Robert Bagley. Signed by Judge Edward M. Chen on 7/8/14. (bpf, COURT STAFF) (Filed on 7/8/2014)

Case3:11-cv-02149-EMC Document37 Filed07/07/14 Page1 of 3

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Robert C Weems (CA SBN 148156)
WEEMS LAW OFFICES
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: 415.881.7653
Fx: 866.610.1430

[e-mail]

Attorneys for Plaintiffs
Matthew Robert Bagley
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
MATTHEW ROBERT BAGLEY,
Plaintiff/Petitioner,

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v.

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant/Respondent.

Case No. 3:11-cv-02149-EMC
STIPULATION FOR AWARD OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT
Order
Date:
Time:
Location:
Judge:

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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] will be awarded attorney fees in the

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amount of six-thousand, seven-hundred-two dollars and thirty-nine cents ($6,702.39) under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation

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for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil ac-

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tion, in accordance with 28 U.S.C. §§ 2412(d), 1920.

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After the Court issues an order for EAJA fees to plaintiff, the Defendant will consider
any assignment of EAJA fees to attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 22522253 (2010), the ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program.

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After the order for EAJA fees is entered, the Defendant will determine whether they are subject

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to any offset.

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Fees shall be made payable to Mr. Matthew Robert Bagley, but if the Department of the

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Treasury determines that Mr. Matthew Robert Bagley does not owe a federal debt, then the gov-

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ernment shall cause the payment of fees to be made directly to the Mr. Robert C. Weems his at-

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torney, pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered
to Mr. Robert C. Weems, Mr. Matthew Bagley’s attorney.
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EAJA Fee Request

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This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA at-

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torney fees and does not constitute an admission of liability on the part of Defendant.

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Dated: July 7, 2014

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Signed /Robert C. Weems/
ROBERT C. WEEMS
Attorney for Plaintiff, Matthew Robert Bagley

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Dated: July 7, 2014

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Signed /Michael K. Marriott/ by e-mail
MICHAEL K. MARRIOTT
Special Assistant United States Attorney
and Attorney for the Defendant

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ORDER

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PURSUANT TO STIPULATION, THE PARTIES HAVE COMPROMISED ON ISSUEANCE
OF ATTORNEY’S FEE UNDER EAJA IN THE AMOUNT OF $6,702.39.

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IT IS SO ORDERED.

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Dated: July

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, 2014

UNIT
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____________________________
IT IS S
EDWARD M. CHEN
United Stated District Judge
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M. Che
Edward
Judge

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EAJA Fee Request

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