Cuisinier v. Colvin

Filing 24

ORDER by Magistrate Judge Maria-Elena James granting 23 Stipulation Approving Settlement of Attorney Fees. (rmm2S, COURT STAFF) (Filed on 1/9/2017)

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1 2 3 Katherine R. Siegfried, SBN 250558 Law Office of Katherine Siegfried 1814 Franklin Street, Suite 210 Oakland, CA 94612 Ph: 510.465.0018 Fax: 510.465.0017 Email: 4 Attorney for Plaintiff, CANDACE F. CUISINIER 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 CANDACE F. CUISINIER obo CWW, a Plaintiff, 12 13 14 CIVIL NO. 16-cv-00585-MEJ minor v. CAROLYN W. COLVIN, Commissioner of Social Security, STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 15 Defendant 16 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of EIGHT THOUSAND DOLLARS AND 00/CENTS ($8,000.00). This amount represents compensation 21 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil 22 action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 23 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 24 25 will consider the matter of Plaintiff's assignment of EAJA fees and expenses [and costs] to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 US 586 (2010), the ability to honor the Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA CIVIL NO. 16-cv-00585-MEJ 1 1 assignment will depend on whether the fees, expenses are subject to any offset allowed under the 2 United States Department of the Treasury’s Offset Program. After the order for EAJA fees and 3 expenses is entered, the government will determine whether they are subject to any offset. 4 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Katherine Siegfried, pursuant to the 6 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees 8 and expenses, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 11 and expenses in connection with this action. 12 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act 13 attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Respectfully submitted, 14 15 Dated: 01/09/2017 16 17 /s/ Katherine Siegfried KATHERINE SIEGFRIED Attorney for Plaintiff CANDACE F. CUISINIER OBO CWW 18 19 20 21 Dated: 01/09/2017 BRIAN J. STRETCH United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 22 23 24 /s/ Jeffrey Chen JEFFREY CHEN Special Assistant United States Attorney Attorneys for the Defendant 25 Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA CIVIL NO. 16-cv-00585-MEJ 2 1 IT IS SO ORDERED: 2 3 January Dated: ________9, 2017 ---------------------------------------------------United States Magistrate Judge Maria-Elena James 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stipulation & Order for Award and Payment of Attorney fees pursuant to EAJA CIVIL NO. 16-cv-00585-MEJ 3

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