Foster v. Social Security Administration

Filing 24

ORDER by Magistrate Judge Sallie Kim granting 23 Stipulation. (sklc2S, COURT STAFF) (Filed on 10/23/2017)

Download PDF
1 4 Daniel Homer, CSBN 263987 Homeless Action Center 2601 San Pablo Ave Oakland CA 94612 510-695-2260 ext 320 Fax: 510-858-7867 DHomer@homelessactioncenter.org 5 Attorney for Plaintiff Reggie Foster 2 3 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Reggie Foster, ) ) Plaintiff, ) ) v. ) ) Social Security Administration, ) ) Defendant. ) _________________________________) CIVIL NO. 3:16-cv-05916-SK STIPULATION AND PROPOSED ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 14 15 16 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 17 18 19 20 21 22 Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWO THOUSAND SEVEN HUNDRED and THIRTY THREE DOLLARS and FORTY NINE CENTS ($2733.49). 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 23 24 25 26 27 28 to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department 3:16-cv-05916-SK, Foster v. Social Security Administration, STIPULATION AND PROPOSED ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 1 of the Treasury’s Offset Program. If the Department of the Treasury determines that Plaintiff does not 2 owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made 3 directly to the Homeless Action Center, pursuant to the assignment executed by Plaintiff. The parties 4 agree that such payment will be mailed to: Zena Sherman, Homeless Action Center, 3126 Shattuck 5 Ave Berkeley CA 94705 6 7 Dated: 10/20/2017 By: /s/ 8 Daniel Homer DANIEL HOMER Attorney for Plaintiff 9 10 11 Dated: 10/21/2017 By: /s/ Sharon Lahey (via Email 10/21/2017___ Sharon Lahey Assistant Regional Counsel, Social Security Administration 12 13 14 15 ORDER PURSUANT TO STIPULATION by the above parties, IT ISORDERED that Plaintiff shall be awarded 17 attorney fees in the amount of TWO THOUSAND SEVEN HUNDRED and THIRTY THREE DOLLARS 18 and FORTY NINE CENTS ($2, 733.49) as authorized by 28 U.S.C. § 2412(d), subject to the terms of the 19 above-referenced Stipulation. 26 27 28 ER R NIA allie Kim FO J u d ge S H 25 RT 24 AP United States Magistrate Judge, Northern District California NO 23 __________________________________________ THE HONORABLE PROVED Sallie Kim LI 22 Dated: October 23, 2017 A 21 UNIT ED 20 S DISTRICT TE C TA RT U O S 16 N OF C D IS T IC T 3:16-cv-05916-SK, Foster v. Social Security Administration, STIPULATION AND PROPOSED R ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?