Wells v. Astrue

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER re 23 MOTION for Attorney Fees under EAJA filed by Jeffrey Lee Wells. Signed by Judge Jon S. Tigar on March 31, 2014. (wsn, COURT STAFF) (Filed on 3/31/2014)

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ROBERT C. WEEMS (SBN 148156)
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: [phone]
Fx: [phone]
[e-mail]
Attorney and Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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JEFFREY LEE WELLS,
Plaintiff,

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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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CIVIL No.: 3:12-cv-05287-JST
STIPULATION AND ORDER TO REOPEN
CASE FOR ENTRY OF JUDGMENT IN
FAVOR OF PLAINTIFF AND AGAINST
DEFENDANT

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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 Jeffrey Lee Wells will be awarded

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attorney fees in the amount of two-thousand, seven-hundred dollars and thirty-nine cents

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($2,737.39) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount
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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), 1920.
After the Court issues an order for EAJA fees to plaintiff, the Defendant will consider
any assignment of EAJA fees to attorney Robert C. Weems. Pursuant to Astrue v. Ratliff, 130

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S.Ct. 2521, 2252-2253 (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

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Wells, EXT.STIP REOPEN
3:12-cv-05287 JST

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Offset Program. After the order for EAJA fees is entered, the Defendant will determine whether
they are subject to any offset.

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Fees shall be made payable to Mr. Jeffrey Lee Wells, but if the Department of the
Treasury determines that Mr. Jeffrey Lee Wells does not owe a federal debt, then the

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government shall cause the payment of fees to be made directly to Mr. Robert C. Weems his
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attorney, pursuant to any assignment executed by Plaintiff. Any payments made shall be
delivered to Mr. Robert C. Weems, Mr. Jeffrey Well’s attorney.

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This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA
attorney fees and does not constitute an admission of liability on the part of Defendant.

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Dated: February 25, 2014
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Signed /Robert C. Weems/
ROBERT C. WEEMS
Attorney for Plaintiff, Jeffrey Wells

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Dated: February 25, 2014

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Signed /Jeffrey T. Chen/ by e-mail
JEFFREY T. CHEN
Special Assistant United States Attorney
and Attorney for the Defendant

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Wells, EXT.STIP REOPEN
3:12-cv-05287 JST

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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 $2,737.39. THE CLERK OF
COURT IS DIRECTED TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF AND
AGAINST DEFENDANT.

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IT IS SO ORDERED.
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Dated: March 31, 2014

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____________________________
JON S. TIGAR
United Stated District Judge

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Wells, EXT.STIP REOPEN
3:12-cv-05287 JST