Hurtado v. Colvin

Filing 36

STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 filed by Jonathan Hurtado. Signed by Judge Jon S. Tigar on June 25, 2018. (wsn, COURT STAFF) (Filed on 6/25/2018)

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1 2 3 4 JOANNA H. PARNES, SBN 278974 BAY AREA LEGAL AID 1735 Telegraph Ave. Oakland, CA 94612 jparnes@baylegal.org Phone: (510) 663-4744 Fax: (510) 663-4740 Attorney for Plaintiff 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CIVIL NO. 3:16-cv-05608-JST JONATHAN HURTADO, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant STIPULATION AND PROPOSED ORDER APPROVING SETTLEMENT OF ATTORNEY FEES 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 14 counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the 15 amount of $10,000 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero 16 dollars ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. This amount represents 17 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 18 this civil action, in accordance with 28 U.S.C. §§ 2412(d), 1920. 19 After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any 20 assignment of EAJA fees to Plaintiff’s counsel, Bay Area Legal Aid. Pursuant to Astrue v. 21 Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend 22 on whether the fees are subject to any offset allowed under the United States Department of the 23 Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will determine 24 whether they are subject to any offset. 25 STIPULATION AND PROPOSED ORDER FOR EAJA FEES - 3:16-cv-05608-JST 1 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 3 be made directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to any assignment 4 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Bay Area 5 Legal Aid, 1735 Telegraph Ave., Oakland, CA 94612. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 7 attorney fees and does not constitute an admission of liability on the part of Defendant under the 8 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 10 connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to 11 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 12 provisions of the EAJA, although Bay Area Legal Aid has waived their right to claim any fees 13 under 42 U.S.C. §406(b). Respectfully submitted, 14 15 16 Dated: June 22, 2018 /s/ Joanna Parnes JOANNA PARNES Attorney for Plaintiff Dated: June 22, 2018 /s/ Jeffrey Chen* *As authorized via email June 22, 2018 Jeffrey Chen Attorney for Defendant 17 18 19 20 21 ORDER 22 23 Pursuant to the Stipulation, IT IS SO ORDERED. 24 DATE: June 25, 2018 By: Hon. Jon S. Tigar 25 STIPULATION AND PROPOSED ORDER FOR EAJA FEES - 3:16-cv-05608-JST 2

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