Thomas A Michalski v. Carolyn Colvin

Filing 23

STIPULATION AND ORDER re 22 for the Award and Payment of Attorney's Fees and Expenses Pursuant to the EAJA filed by Thomas A. Michalski. Signed by Judge Edward M. Chen on 12/6/16. (bpfS, COURT STAFF) (Filed on 12/6/2016)

Case 3:15-cv-04483-EMC Document 22 Filed 12/01/16 Page 1 of 3

1
2
3
4

DOLLY M. TROMPETER (CSBN 235784)
Attorney at Law
2261 Market Street, No. 185
San Francisco, CA 94114
Telephone:
415 271-8604
Fax:
415 431-0279
Email:
[e-mail]

5
6
7
8
9
10
11
12
13

Attorney for Plaintiff, Thomas A. Michalski
BRIAN J. STRETCH (CSBN 163973)
United States Attorney
DEBORAH LEE STACHEL (CSBN 230138)
Regional Chief Counsel, Region IX
Social Security Administration
RICHARD RODRIGUEZ
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

14
15
16

Attorneys for Defendant

UNITED STATES DISTRICT COURT

17
18

NORTHERN DISTRICT OF CALIFORNIA

19
20
21

THOMAS A. MICHALSKI,
Plaintiff,
v.

22
23
24
25
26
27
28

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

)
)
)
)
)
)
)
)
)

No. 3:15-cv-04483-EMS EMC
STIPULATION AND PROPOSED
ORDER FOR THE AWARD AND
PAYMENT OF ATTORNEY’S FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d), AND COSTS
PURSUANT TO 28 U.S.C. § 1920

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Thomas A. Michalski, (Plaintiff) be awarded
3:15-cv-04483 EMC Michalski v. Colvin, Stipulation and Proposed order for EAJA

1

Case 3:15-cv-04483-EMC Document 22 Filed 12/01/16 Page 2 of 3

1

attorney fees and expenses of SEVEN THOUSAND FIFTY DOLLARS ($7050.00) and costs in

2

the amount of FOUR HUNDRED DOLLARS ($400) under the Equal Access to Justice Act

3

(EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services

4
5
6

rendered on behalf of Plaintiff by Dolly M. Trompeter (counsel) in connection with this civil
action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

7

After the Court issues an order for EAJA fees to Plaintiff, the government will consider

8

the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560

9

U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will

10
11

depend on whether the fees are subject to any offset allowed under the United States Department
of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

12
13
14

determine whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

15

that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

16

expenses and costs to be made directly to counsel, pursuant to the assignment executed by

17

Plaintiff. Any payments made shall be delivered to counsel.

18
19

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees, and does not constitute an admission of liability on the part of Defendant under the

20
21
22
23
24

EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and
bar to, any and all claims that Plaintiff and/or counsel, including counsel’s firm or associates,
may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of counsel and/or counsel’s firm to seek

25

Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

26

provisions of the EAJA.

27
28
2
3:15-cv-04483 EMC Michalski v. Colvin, Stipulation and Proposed order for EAJA

Case 3:15-cv-04483-EMC Document 22 Filed 12/01/16 Page 3 of 3

1

Respectfully submitted,

2

DOLLY M. TROMPETER

3
4

DATE: December 1, 2016

5
6
7

By /s/ “Dolly M. Trompeter”
DOLLY M. TROMPETER
Attorney for Plaintiff

BRIAN J. STRETCH

8
9

DATE: December 1, 2016

10
11

By /s/ “Richard Rodriguez”
RICHARD RODRIGUEZ
Special Assistant United States Attorney
Attorney for Defendant

12
13

OF COUNSEL TO DEFENDANT:

14

DEBORAH L. STACHEL
Regional Chief Counsel, Region IX

15
16
17
18

ORDER

19

22
23

26

S

12/6/2016

UNIT
ED

25

DATED:

RT
U
O

24

S DISTRICT
TE
C
TA

HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICTRED
RDE COURT JUDGE
IS SO O OF CALIFORNIA
NORTHERNT
I DISTRICT

27

en

d M. Ch

NO

H

ER

LI

RT

dwar
Judge E

A

28

R NIA

21

BASED UPON THE PARTIES’ STIPULATION FOR THE AWARD AND PAYMENT OF
EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES IN THE AMOUNT OF
$7050.00 AND COSTS IN THE AMOUNT OF $400.00, IT IS ORDERED THAT FEES AND
EXPENSES/COSTS TOTALING THE AMOUNT OF $7450.00 AS AUTHORIZED BY 28
U.S.C. § 2412 BE AWARDED SUBJECT TO THE TERMS OF THE STIPULATION.

FO

20

N

3:15-cv-04483 EMC Michalski v. Colvin, Stipulation and Proposed order for EAJA

F
D IS T IC T O
R

C

3