Baker v. Colvin

Filing 23

STIPULATION AND ORDER re 22 for Equal Access to Justice Fees filed by Lena Baker. Signed by Judge Edward M. Chen on 12/13/16. (bpfS, COURT STAFF) (Filed on 12/13/2016)

Case 3:16-cv-00771-EMC Document 22 Filed 12/12/16 Page 1 of 2

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Daniel Homer, CSBN 263987
Homeless Action Center
1432 Franklin St
Oakland CA 94612
510-836-3260 ext 320
Fax: [phone]
[e-mail]

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Attorney for Plaintiff Lena Baker

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Lena Baker,
Plaintiff,

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v.
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Carolyn Colvin,
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Defendant.
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_________________________________)

CIVIL NO. 3:16-cv-00771-EMC
STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel,
subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND FIVE HUNDRED SEVENTY
NINE DOLLARS ($4579.00). This amount represents 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).
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant

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to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend
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on whether the fees and expenses are subject to any offset allowed under the United States Department
of the Treasury’s Offset Program. If the Department of the Treasury determines that Plaintiff does not
owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made
Baker v. Colvin 3:16-cv-00771-EMC STIPULATION AND PROPOSED ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

Case 3:16-cv-00771-EMC Document 22 Filed 12/12/16 Page 2 of 2

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directly to the Homeless Action Center, pursuant to the assignment executed by Plaintiff. The parties

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agree that such payment will be mailed to: Homeless Action Center, 3126 Shattuck Ave Berkeley CA

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94705

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Dated: December 12, 2016

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By:

/s/ Daniel Homer
DANIEL HOMER
Attorney for Plaintiff

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Dated: December 12, 2016

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By: /s/ Ben Porter_(authorized by email 12/12/16)
Ben Porter
Senior Attorney, Office of the Reginal Chief Counsel, R-IX/SSA

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the

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amount of FOUR THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS ($4579.00), as authorized

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by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.

DISTRI

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__________________________________________
C
AT
THE HONORABLE Edward M. Chen
T
United States District Judge
Northern District California

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UNIT
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12/13/2016

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Dated:

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Baker v. Colvin 3:16-cv-00771-EMC STIPULATION AND PROPOSED ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT