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)

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Case3:11-cv-02149-EMC Document37 Filed07/07/14 Page1 of 3 1 2 3 4 5 6 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 Attorneys for Plaintiffs Matthew Robert Bagley UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA 7 8 9 SAN FRANCISCO DIVISION MATTHEW ROBERT BAGLEY, Plaintiff/Petitioner, 10 v. 11 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 12 13 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: 14 IT IS HEREBY STIPULATED by and between the parties through their undersigned 15 counsel, subject to the approval of the Court, that [plaintiff] will be awarded attorney fees in the 16 amount of six-thousand, seven-hundred-two dollars and thirty-nine cents ($6,702.39) under the 17 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation 18 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil ac- 19 tion, in accordance with 28 U.S.C. §§ 2412(d), 1920. 20 21 22 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. 23 After the order for EAJA fees is entered, the Defendant will determine whether they are subject 24 to any offset. 25 Fees shall be made payable to Mr. Matthew Robert Bagley, but if the Department of the 26 Treasury determines that Mr. Matthew Robert Bagley does not owe a federal debt, then the gov- 27 ernment shall cause the payment of fees to be made directly to the Mr. Robert C. Weems his at- 28 torney, pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered to Mr. Robert C. Weems, Mr. Matthew Bagley’s attorney. 1 EAJA Fee Request 3:11-cv-01149-EMC Case3:11-cv-02149-EMC Document37 Filed07/07/14 Page2 of 3 1 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA at- 2 torney fees and does not constitute an admission of liability on the part of Defendant. 3 Dated: July 7, 2014 4 5 Signed /Robert C. Weems/ ROBERT C. WEEMS Attorney for Plaintiff, Matthew Robert Bagley 6 Dated: July 7, 2014 7 8 9 Signed /Michael K. Marriott/ by e-mail MICHAEL K. MARRIOTT Special Assistant United States Attorney and Attorney for the Defendant 10 11 ORDER 12 13 14 PURSUANT TO STIPULATION, THE PARTIES HAVE COMPROMISED ON ISSUEANCE OF ATTORNEY’S FEE UNDER EAJA IN THE AMOUNT OF $6,702.39. 15 IT IS SO ORDERED. 16 Dated: July 8 , 2014 UNIT ED 18 S DISTRICT TE C TA RT U O S D RDERE 20 H ER LI RT 22 23 24 FO NO 21 R NIA OO ____________________________ IT IS S EDWARD M. CHEN United Stated District Judge n M. Che Edward Judge 19 A 17 N F D IS T IC T O R C 25 26 27 28 2 EAJA Fee Request 3:11-cv-01149-EMC Case3:11-cv-02149-EMC Document37 Filed07/07/14 Page3 of 3 DO NOT DELETE THIS PAGE

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