Bennett v. Colvin

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH [PROPOSED] ORDER for the Award of Attorney's Fees Pursuant to EAJA filed by Diana Alissa Bennett. Signed by Judge Jon S. Tigar on November 9, 2016. (wsn, COURT STAFF) (Filed on 11/9/2016)

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David J. Linden
Attorney at Law
CSBN 41221
Post Office Box 5780
Napa, CA 94581-0780
Tel. [phone]
Fax.
[phone]
Email - [e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DIANA ALISSA BENNETT,
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Plaintiff,
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vs.
CAROLYN W.COLVIN, Acting Commissioner of
Social Security,

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Defendant.

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Case No.: 3:15-cv-04415-JST

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

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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to

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the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of six thousand, five hundred

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dollars ($6,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 2412(d); 1920.

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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any assignment of EAJA fees
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to David J. Linden. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such
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BENNETT V. COLVIN, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES

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assignment will depend on whether the fees are subject to any offset allowed under the United States Department of

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the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will determine whether they

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are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe
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a federal debt, then the government shall cause the payment of fees to be made directly to David J. Linden, pursuant
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to any assignment executed by Plaintiff. Any payments made shall be delivered to David J. Linden.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and does not

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constitute an admission of liability on the part of Defendant. This award is without prejudice to the rights of

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Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the

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EAJA.

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Dated: November 8, 2016

/s/ David J. Linden
DAVID J. LINDEN
Attorney for Plaintiff

Dated: November 8, 2016

BRIAN STRETCH
United States Attorney

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By

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/s/ Marcelo Illarmo
MARCELO ILLARMO
(as authorized by email on 11/08/2016)
Special Assistant US Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION , IT IS SO ORDERED:

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November 9, 2016
Dated:_________________________

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JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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BENNETT V. COLVIN, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES

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