Slotnick v. Colvin
Filing
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STIPULATION AND ORDER for the award and payment of attorney fees and expenses pursuant to the equal access to justice act 21 re EAJA Fees and Costs filed by Carolyn W. Colvin. Signed by Judge Richard Seeborg on 8/11/15. (cl, COURT STAFF) (Filed on 8/12/2015)
Case3:13-cv-02283-RS Document21 Filed08/11/15 Page1 of 3
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MELINDA HAAG
United States Attorney
DEBORAH L. STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN, CSBN 240609
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8825
Facsimile: (415) 744-0134
E-Mail: Jennifer.Tarn@ssa.gov
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Attorneys for Defendant
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SHERYL L. SLOTNICK,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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No. 3:13-cv-02283-RS
ORDER
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d), AND COSTS
PURSUANT TO 28 U.S.C. § 1920
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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 Sheryl L. Slotnick (Plaintiff) be awarded
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attorney fees of SEVEN THOUSAND DOLLARS ($7000.00) and costs in the amount of FOUR
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HUNDRED FIFTY DOLLARS ($450) under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d). This amount represents compensation for all legal services rendered on behalf of
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Plaintiff by Dolly Marlo Trompeter (counsel) in connection with this civil action, in accordance
with 28 U.S.C. §§ 1920; 2412(d).
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Case3:13-cv-02283-RS Document21 Filed08/11/15 Page2 of 3
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
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the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560
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U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will
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depend on whether the fees are subject to any offset allowed under the United States Department
of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will
determine whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,
expenses and costs to be made directly to counsel, pursuant to the assignment executed by
Plaintiff. Any payments made shall be delivered to counsel.
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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 under the
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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and
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bar to, any and all claims that Plaintiff and/or counsel, including counsel’s firm or associates,
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may have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of counsel and/or counsel’s firm to seek
Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
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provisions of the EAJA.
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Respectfully submitted,
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DATE: August 11, 2015
DOLLY MARLO TROMPETER
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By:
/s/ “Dolly M. Trompeter”
DOLLY MARLO TROMPETER
Attorney for Plaintiff
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Case3:13-cv-02283-RS Document21 Filed08/11/15 Page3 of 3
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DATE: August 11, 2015
MELINDA HAAG
United States Attorney
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By:
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/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant United States Attorney
Attorney for Defendant
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OF COUNSEL TO DEFENDANT:
DEBORAH L. STACHEL
Acting Regional Chief Counsel, Region IX
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ORDER
BASED UPON THE PARTIES’ STIPULATION FOR THE AWARD AND PAYMENT OF
EQUAL ACCESS TO JUSTICE ACT FEES IN THE AMOUNT OF $7000, AND
EXPENSES/COSTS IN THE AMOUNT OF $450.00, IT IS ORDERED THAT FEES AND
EXPENSES/COSTS TOTALING THE AMOUNT OF $7450.00 AS AUTHORIZED BY 28
U.S.C. § 2412 BE AWARDED SUBJECT TO THE TERMS OF THE STIPULATION.
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DATED: August 11, 2015
HONORABLE RICHARD SEEBORG
UNITED STATES MAGISTRATE JUDGE
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