Hadera v. Astrue

Filing 24

STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES. Signed by Judge Edward M. Chen on 10/30/13. (cl, COURT STAFF) (Filed on 10/30/2013)

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Case3:12-cv-05315-EMC Document23 Filed10/29/13 Page1 of 2 1 2 3 4 5 6 7 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 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GEBREMEDHIN HADERA, ) CIVIL NO. 3:12-cv-05315-EMC ) Plaintiff, ) ) STIPULATION AND PROPOSED ORDER v. ) APPROVING SETTLEMENT OF ) ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 CAROLYN W. COLVIN, ) Acting Commissioner of ) U.S.C. § 2412(d), AND COSTS PURSUANT Social Security, ) TO 28 U.S.C. § 1920 ) Defendant. ) _________________________________) 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 SIX THOUSAND, SIX-HUNDRED DOLLARS AND ZERO CENTS ($6,600.00), and costs in the amount of THREE HUNDRED AND FIFTY DOLLARS AND ZERO CENTS ($350.00), under 28 U.S.C. § 1920. 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. §§ 1920, 2412(d). After the Court issues an order for EAJA fees and expenses and costs to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses and costs to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and expenses and costs are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses and costs is entered, the government will determine whether they are subject to any offset. Case3:12-cv-05315-EMC Document23 Filed10/29/13 Page2 of 2 1 Fees and expenses and costs shall be made payable to Plaintiff, but if the Department of the 2 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 payment of fees, expenses and costs to be made directly to Steven M. Chabre, pursuant to the assignment 4 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees 6 and expenses and costs, and does not constitute an admission of liability on the part of Defendant under 7 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 8 all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses 9 and costs in connection with this action. 10 11 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. Respectfully submitted, 12 13 Dated: October 29, 2013 14 By: /s/ Steven M. Chabre (As authorized by email on 10/28/13) STEVEN M. CHABRE Attorney for Plaintiff 15 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 16 17 18 19 Dated: October 29, 2013 20 21 22 23 24 25 By: /s/ Lynn M. Harada LYNN M. HARADA Special Assistant United States Attorney ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of SIX THOUSAND, SIX-HUNDRED DOLLARS AND ZERO CENTS ($6,600.00), and costs in the amount of THREE HUNDRED AND FIFTY DOLLARS AND ZERO CENTS ($350.00), as authorized by 28 U.S.C. §§ 1920 and 2412(d), subject to the terms of the above-referenced Stipulation. 26 27 28 Dated: 10/30/13 ____________________________________________ THE HONORABLE EDWARD M. CHEN United States District Judge 2

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