Byrne v. Colvin

Filing 21

ORDER GRANTING re 20 STIPULATION awarding EAJA fees filed by Brian Byrne. Signed by Chief Magistrate Judge Joseph C. Spero on 6/23/15. (klhS, COURT STAFF) (Filed on 6/23/2015)

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1 3 TONY ARJO, SBN 151890 1440 Broadway, Suite 1019 Oakland, CA 94612 (510) 451-2334 FAX: (510) 451-2310 4 Attorney for Plaintiff 2 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 BRIAN BYRNE, ) ) Plaintiff ) ) vs. ) ) CAROLYN W. COLVIN, ) Commissioner of ) Social Security, ) ) Defendant ) ______________________________) Case Number: 13-cv-4720 JCS STIPULATION AND PROPOSED ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §2412(d) 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to approval of the Court, that Plaintiff be awarded attorney fees under the 20 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWO 21 THOUSAND SEVEN HUNDRED DOLLARS ($2700.00). This amount represents 22 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 23 with this civil action, in accordance with 28 U.S.C. §§1920, 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees and costs to Plaintiff’s attorney. The retainer 26 agreement containing the assignment is attached. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 27 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to 28 any offset allowed under the United States Department of the Treasury’s Offset Program. After 1 the order for EAJA fees is entered, the government will determine whether they are subject to 2 any offset. 3 Fees shall be made payable to Plaintiff, Brian Byrne, but if the Department of the 4 Treasury determines that Brian Byrne does not owe a federal debt, then the government shall 5 cause the payment of fees, expenses and costs to be made directly to Plaintiff’s attorney, Tony 6 Arjo, pursuant to the assignment executed by Brian Byrne. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees and expenses and costs, and does not constitute an admission of liability on part 9 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 10 complete release from, and bar to, any and all claims and/or Plaintiff’s attorney may have 11 relating to EAJA attorney fees in connection with this action. 12 13 This award is without prejudice to the rights of Tony Arjo to seek Social Security Act attorney fees under 42 U.S.C §406(b), subject to the savings clause provisions of the EAJA. 14 Respectfully submitted, 15 16 DATE: June 19, 2015 By: /s/ Tony Arjo TONY ARJO Attorney for Plaintiff 17 DATE: June 19, 2015 21 MELINDA L. HAAG United States Attorney /s/ Annabelle J. Yang* (*by email authorization on 6/19/15) ANNABELLE J. YANG Special Assistant United States Attorney Attorneys for Defendant 22 ORDER By: 24 DATED: June 23, 2015 UNIT ED APPROVED AND SO ORDERED. _______________________ JOSEPH C. SPERO Spero se UNITED STATES ph C. Judge Jo MAGISTRATE JUDGE H ER LI RT FO NO 25 26 27 28 ISTRIC ES D TC AT T RT U O 23 S 20 R NIA 19 EAJA Stipulation, 12-cv-4076 SBA 2 A 18 N F D IS T IC T O R C

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