Herrera v. Astrue
Filing
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STIPULATION AND ORDER re 23 STIPULATION WITH PROPOSED ORDER Approving Settlement of Attorney Fees Pursuant to the Equal Access to Justice Act filed by Michael Astrue. Signed by Judge Elizabeth D. Laporte on August 23, 2012. (edllc2, COURT STAFF) (Filed on 8/23/2012)
Case3:11-cv-03405-EDL Document23 Filed08/22/12 Page1 of 2
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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8977
Facsimile: (415) 744-0134
E-Mail: Lynn.Harada@ssa.gov
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GINO HERRERA,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)
CIVIL NO. 3:11-CV-03405-EDL
STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
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 be awarded attorney fees under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND, SEVEN-HUNDRED AND
EIGHTY DOLLARS AND ZERO CENTS ($3,780.00). This amount represents compensation for all
legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in
accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees and expenses to Plaintiff, 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 United States Department
Case3:11-cv-03405-EDL Document23 Filed08/22/12 Page2 of 2
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of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the
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government will determine whether they are subject to any offset.
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Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of
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fees, expenses and costs to be made directly to the Homeless Action Center, pursuant to the assignment
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executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees
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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.
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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims
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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in
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connection with this action.
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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
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attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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Dated: August 22, 2012
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By: /s/ Daniel Homer
(As authorized by email on 8/22/12 at 9:30 a.m.)
DANIEL HOMER
Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
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Dated: August 22, 2012
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By: /s/ Lynn M. Harada
LYNN M. HARADA
Special Assistant United States Attorney
ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the
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amount of THREE THOUSAND, SEVEN-HUNDRED AND EIGHTY DOLLARS AND ZERO CENTS
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($3,780.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.
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Dated: August 23, 2012
__________________________________________
THE HONORABLE ELIZABETH D. LAPORTE
United States Magistrate Judge
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