Brown v. Colvin

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER For The Award Of Attorney Fees Purusant To The Equal Access To Justice Act, 28 U.S.C Section 2412(d) filed by Tamra Lenee Brown. Signed by Judge Edward M. Chen on 12/1/14. (bpf, COURT STAFF) (Filed on 12/1/2014)

Case3:14-cv-01900-EMC Document27 Filed11/21/14 Page1 of 3

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ANN M. CERNEY, SBN: 068748
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAMRA LENEE BROWN,
Plaintiff,

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vs.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Case No.: 3:14-CV-01900-EMC

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STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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EAJA in the amount of FOUR THOUSAND SIX HUNDRED THIRTY-EIGHT AND TEN

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CENT ($4,638.10). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28

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U.S.C. § 2412.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
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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 (2010), the ability to honor the

STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Case3:14-cv-01900-EMC Document27 Filed11/21/14 Page2 of 3

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses is entered, the 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

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payment of fees, expenses and costs to be made directly to Ann M. Cerney, pursuant to the

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assignment 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

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attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Respectfully submitted,

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Dated: November 21, 2014

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/s/ Ann M. Cerney
ANN M. CERNEY
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel

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Date: November 21, 2014

/s/ Kevin Gregory Gill
(As authorized via email on 11/21/14)
KEVIN GREGORY GILL
Special Assistant United States Attorney

STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Case3:14-cv-01900-EMC Document27 Filed11/21/14 Page3 of 3

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Pursuant to the stipulation, it is so ordered.

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S

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UNITED STATES MAGISTRATE JUDGE
. Chen
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EDWARD M. CHEN

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December 1, 2014

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DATE: November 21, 2014

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ORDER

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STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)