Hurtado v. Colvin
Filing
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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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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
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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
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counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the
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amount of $10,000 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero
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dollars ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. This amount represents
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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with
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this civil action, in accordance with 28 U.S.C. §§ 2412(d), 1920.
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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any
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assignment of EAJA fees to Plaintiff’s counsel, Bay Area Legal Aid. Pursuant to Astrue v.
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Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend
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on whether the fees are subject to any offset allowed under the United States Department of the
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Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will determine
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whether they are subject to any offset.
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STIPULATION AND PROPOSED ORDER FOR EAJA FEES - 3:16-cv-05608-JST
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to
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be made directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to any assignment
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executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Bay Area
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Legal Aid, 1735 Telegraph Ave., Oakland, CA 94612.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
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attorney fees 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 in
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connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to
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seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
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provisions of the EAJA, although Bay Area Legal Aid has waived their right to claim any fees
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under 42 U.S.C. §406(b).
Respectfully submitted,
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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
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ORDER
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Pursuant to the Stipulation, IT IS SO ORDERED.
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DATE: June 25, 2018
By:
Hon. Jon S. Tigar
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STIPULATION AND PROPOSED ORDER FOR EAJA FEES - 3:16-cv-05608-JST
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