Foster v. Social Security Administration
Filing
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ORDER by Magistrate Judge Sallie Kim granting 23 Stipulation. (sklc2S, COURT STAFF) (Filed on 10/23/2017)
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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
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Attorney for Plaintiff Reggie Foster
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Reggie Foster,
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Plaintiff,
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v.
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Social Security Administration,
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Defendant.
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_________________________________)
CIVIL NO. 3:16-cv-05916-SK
STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT
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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
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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
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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
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of the Treasury’s Offset Program. If the Department of the Treasury determines that Plaintiff does not
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owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made
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directly to the Homeless Action Center, pursuant to the assignment executed by Plaintiff. The parties
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agree that such payment will be mailed to: Zena Sherman, Homeless Action Center, 3126 Shattuck
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Ave Berkeley CA 94705
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Dated: 10/20/2017
By:
/s/
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Daniel Homer
DANIEL HOMER
Attorney for Plaintiff
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Dated: 10/21/2017
By: /s/ Sharon Lahey (via Email 10/21/2017___
Sharon Lahey
Assistant Regional Counsel, Social Security Administration
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ORDER
PURSUANT TO STIPULATION by the above parties, IT ISORDERED that Plaintiff shall be awarded
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attorney fees in the amount of TWO THOUSAND SEVEN HUNDRED and THIRTY THREE DOLLARS
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and FORTY NINE CENTS ($2, 733.49) as authorized by 28 U.S.C. § 2412(d), subject to the terms of the
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above-referenced Stipulation.
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ER
R NIA
allie Kim
FO
J u d ge S
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RT
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AP
United States Magistrate Judge, Northern District California
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__________________________________________
THE HONORABLE PROVED
Sallie Kim
LI
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Dated: October 23, 2017
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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
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