Outin v. Astrue

Filing 31

ORDER Granting 30 Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act. Signed by Judge Claudia Wilken on 11/7/2011. (ndr, COURT STAFF) (Filed on 11/7/2011)

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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARVIN L. OUTIN,

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CIVIL NO. 4:10-CV-01764-CW
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Plaintiff,
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STIPULATION AND PROPOSED ORDER
v.
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APPROVING SETTLEMENT OF
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ATTORNEY FEES PURSUANT TO THE
MICHAEL J. ASTRUE,
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EQUAL ACCESS TO JUSTICE ACT
Commissioner of
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Social Security,
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Defendant.
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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
Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND, TWO-HUNDRED AND
SEVENTY-THREE DOLLARS AND ZERO CENTS ($4,273.00). 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 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 of the Treasury’s Offset Program. After the order for EAJA fees and 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

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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of

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fees, expenses and costs to be made directly to the Homeless Action Center, pursuant to the assignment

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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 EAJA.

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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in

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

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Dated: November 3, 2011

/s/ Mary A. Gilg
As authorized via email on 11/3/11 at 11:33 a.m.
MARY A. GILG
Attorney for Plaintiff

Dated: November 3, 2011

MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Lynn M. Harada
LYNN M. HARADA
Special Assistant United States Attorney

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the
amount of FOUR THOUSAND, TWO-HUNDRED AND SEVENTY-THREE DOLLARS AND ZERO
CENTS ($4,273.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced
Stipulation.
Dated: 11-7-2011

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THE HONORABLE CLAUDIA WILKEN
United States District Court Judge

EAJA Stip. and Prop. Order; 4:10-CV-01764-CW

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