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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Katherine R. Siegfried, SBN 250558
Law Office of Katherine Siegfried
1814 Franklin St, Suite 700
Oakland, CA 94612
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff, MATTHEW ROGALSKI

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW ROGALSKI,

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Plaintiff,

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v.

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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

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Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND

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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

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

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
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will consider the matter of Plaintiff's assignment of EAJA fees and expenses [and costs] to

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Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 US 586 (2010), the ability to honor the

STIPULATION AND PROPOSED ORDER RE: EAJA FEES

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assignment will depend on whether the fees, expenses are subject to any offset allowed under the

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United States Department of the Treasury’s Offset Program. After the order for EAJA fees and

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expenses is entered, the government will determine whether they are subject to any offset.

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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

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees
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and expenses, and does not constitute an admission of liability on the part of Defendant under the
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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act

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attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.

Respectfully submitted,

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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

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/s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
Attorneys for the Defendant

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STIPULATION AND PROPOSED ORDER RE: EAJA FEES

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IT IS SO ORDERED:
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Dated: 9/18/17
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---------------------------------------------------HONORABLE JUDGE RICHARD SEEBORG

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STIPULATION AND PROPOSED ORDER RE: EAJA FEES

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