Ardison v. Colvin

Filing 26

STIPULATION AND ORDER FOR AWARD OF ATTORNEY'S FEES granting 25 . Signed by Judge Elizabeth D. Laporte on 8/19/2016. (afmS, COURT STAFF) (Filed on 8/19/2016)

1 GLENN M. CLARK # 91371
MILLER, CLARK, CALVERT & OBENOUR
2 2222 Martin Luther King Jr. Way
Berkeley, California 94704
3 [phone] FAX [phone]
4 email [e-mail]
5 Attorney for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORVETTE DENISE ARDISON

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Civil No. C-15-cv-03401 EDL

Plaintiff,

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

v.

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CAROLYN W. COLVIN,
15 Commissioner of Social Security
Defendant.

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/

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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 Equal Access to
Justice Act (EAJA), 28 U.S.C. 2412 (d), in the amount of SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($7,500.00), and costs under 28
U.S.C 1920 in the amount of FOUR HUNDRED DOLLARS ($400.00).
These amounts represents costs and 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) and
1920.
After the Court issues an order for EAJA fees to Plaintiff,
the government will consider the matter of assignment of EAJA
ORDER RE EAJA FEES C-15-03401 EDL - 1 -

1 fees to Plaintiff’s Counsel.

The retainer agreement containing

2 the assignment is attached as exhibit 1.

Pursuant to Astrue v.

3 Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the
4 assignment will depend on whether the fees are subject to any
5 offset allowed under the United States Department of the
6 Treasury's Offset Program.

After the order for EAJA fees is

7 entered, the government will determine whether they are subject
8 to any offset.
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Fees shall be made payable to Plaintiff, but if the

10 Department of the Treasury determines that Plaintiff does not owe
11 a federal debt, then the government shall cause the payment of
12 fees, expenses and costs to be made directly to Plaintiff’s
13 Counsel, pursuant to the assignment executed by Plaintiff.

Any

14 payments made shall be delivered to Plaintiff’s Counsel.
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This stipulation constitutes a compromise settlement of

16 Plaintiff’s request for EAJA attorney fees, expenses, and costs,
17 and does not constitute an admission of liability on the part of
18 Defendant under the EAJA.

Payment of the agreed amount shall

19 constitute a complete release from, and bar to, any and all
20 claims that Plaintiff or Plaintiff’s Counsel may have relating to
21 EAJA attorney fees and expenses and costs in connection with this
22 action.
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Plaintiff’s Counsel does not intend to seek Social Security

24 Act attorney fees under 42 U.S.C 406 for services performed in
25 United States District Court.
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Respectfully submitted,

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Dated: August 18, 2016
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/s/ Glenn M. Clark
GLENN M. CLARK
Attorney for Plaintiff

ORDER RE EAJA FEES C-15-03401 EDL - 2 -

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2 Dated: August 18, 2016
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BRIAN J. STRETCH
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By
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/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant U.S. Attorney
(by email authorization)
Attorneys for Defendant

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APPROVED AND SO ORDERED:
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Dated: August 19, 2016
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ELIZABETH D. LAPORTE
United States Magistrate Judge

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ORDER RE EAJA FEES C-15-03401 EDL - 3 -