Leonard v. Colvin

Filing 22

ORDER by Magistrate Judge Sallie Kim Granting 21 Stipulation Re Attorney's Fees. (sklc2S, COURT STAFF) (Filed on 5/10/2016)

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Katherine R. Siegfried, SBN 250558
Law Office of Katherine Siegfried
1814 Franklin Street, Suite 210
Oakland, CA 94612
Ph: 510.465.0018 Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff, FRANCINE LEONARD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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FRANCINE LEONARD,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Commissioner of Social Security,

CIVIL NO. 3:15-CV-3536- SK
STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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Defendant
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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 Plaintiff be awarded attorney fees under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND

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SEVEN HUNDRED AND FIFTY DOLLARS AND 00/CENTS ($6,750.00). This amount
represents compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 U.S.C. §[§ 1920,] 2412(d).

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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 [and costs] to

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Plaintiff's attorney. Pursuant to Astrue v. Ratliff, – S.Ct. – , 2010 WL 2346547 (U.S. June 14,

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2010), the ability to honor the assignment will depend on whether the fees, expenses are subject
to any offset allowed under the United States Department of the Treasury’s Offset Program.
Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA
CIVIL NO. C15-3536

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After the order for EAJA fees and expenses is entered, the government will determine whether

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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 Katherine Siegfried, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees
and expenses, and does not constitute an admission of liability on the part of Defendant under the
EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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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 Act

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attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.

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Respectfully submitted,

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Dated: 05/09/2016

/s/ Katherine Siegfried
KATHERINE SIEGFRIED
Attorney for Plaintiff
FRANCINE LEONARD

Dated: 05/09/2016

BRIAN STRETCH
United States Attorney
DONNA COLVERT
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Scott Borrowman
SCOTT BORROWMAN
Special Assistant United States Attorney
Attorneys for the Defendant

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Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA
CIVIL NO. C15-3536

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IT IS SO ORDERED:

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Dated: __May 10, 2016__
________

---------------------------------------------------United States Magistrate Judge Sallie Kim

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Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA
CIVIL NO. C15-3536

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