Rogalski v. Colvin

Filing 20

STIPULATION AND ORDER RE 19 FOR EAJA FEES FOR PLAINTIFF. Signed by Judge Richard Seeborg on 9/18/17. (cl, COURT STAFF) (Filed on 9/18/2017)

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        1 4 Katherine R. Siegfried, SBN 250558 Law Office of Katherine Siegfried 1814 Franklin St, Suite 700 Oakland, CA 94612 Phone: (510) 465-0018 Fax: (510) 465-0017 5 Attorney for Plaintiff, MATTHEW ROGALSKI 2 3     6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA     8   9 MATTHEW ROGALSKI,   10 Plaintiff,   11 v.   12 13 NANCY A. BERRYHILL, Commissioner of Social Security,       CASE NO. 16-cv-5072-RS   STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT   14 Defendant   15   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 FOUR THOUSAND   21 DOLLARS AND 00/CENTS ($4,000.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 22 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 will consider the matter of Plaintiff's assignment of EAJA fees and expenses [and costs] to   25 Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 US 586 (2010), the ability to honor the       STIPULATION AND PROPOSED ORDER RE: EAJA FEES 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 5 Fees and expenses shall be made payable to Plaintiff, but 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 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: 9/18/2017 /s/ Katherine Siegfried KATHERINE SIEGFRIED Attorney for Plaintiff MATTHEW ROGALSKI Dated: 9/18/2017 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 16 17   18   19 20 21   22 23 24 /s/ Sharon Lahey SHARON LAHEY Special Assistant United States Attorney Attorneys for the Defendant   25       STIPULATION AND PROPOSED ORDER RE: EAJA FEES 2       1   2 IT IS SO ORDERED: 3     4   Dated: 9/18/17 5   ---------------------------------------------------HONORABLE JUDGE RICHARD SEEBORG 6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25       STIPULATION AND PROPOSED ORDER RE: EAJA FEES 3

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