Smith v. Astrue

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER for Attorney's Fees filed by Sheryl Ann Smith, Michael J. Astrue. Signed by Judge ARMSTRONG on 11/20/12. (lrc, COURT STAFF) (Filed on 11/21/2012)

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Case4:11-cv-01295-SBA Document18 Filed05/14/12 Page1 of 3 1 2 3 4 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX, Social Security Administration THEOPHOUS H. REAGANS CSBN 189450 Special Assistant United States Attorney 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8936 Facsimile: (415) 744-0134 6 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT, 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SHERYL A. SMITH, CASE NO. 4:11-CV-01295 SBA 12 Plaintiff, 13 vs. 14 15 MICHAEL J. ASTRUE, Commissioner of Social Security, 16 XXXXXXXXX STIPULATION AND PROPOSED ORDER SETTLING ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. § 2412(d) AND COSTS (28 U.S.C. § 1920) Defendant. __________________________________ 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of ONE THOUSAND 21 EIGHT HUNDRED DOLLARS ($1,800.00) and costs in the amount of FOUR HUNDRED 22 DOLLARS ($400.00). This amount represents compensation for all legal services rendered on 23 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 24 §§ 1920 and 2412(d). 25 After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the 26 government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and 27 costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to 28 honor the assignment will depend on whether the fees, expenses and costs are subject to any Case4:11-cv-01295-SBA Document18 Filed05/14/12 Page2 of 3 1 offset allowed under the United States Department of the Treasury's Offset Program. After the 2 order for EAJA fees, expenses and costs is entered, the government will determine whether they 3 are subject to any offset. 4 Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the 5 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 6 the payment of fees, expenses and costs to be made directly to Dolly M. Trompeter, Esq., 7 pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to 8 Plaintiff's counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 attorney fees, expenses and costs, and does not constitute an admission of liability on the part of 11 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 13 EAJA attorney fees and expenses and costs in connection with this action. 14 15 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 provisions of the EAJA. 16 17 Respectfully submitted, 18 19 Dated: May 14, 2012 20 21 22 23 24 25 26 27 /s/Dolly M. Trompeter DOLLY M. TROMPETER, Attorney for Plaintiff [as authorized by email] /// /// /// /// /// /// /// /// /// /// /// /// /// /// 28 2 Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412(d) Case4:11-cv-01295-SBA Document18 Filed05/14/12 Page3 of 3 1 Dated: May 14, 2012 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 2 3 4 By: 5 /s/ Theophous H. Reagans THEOPHOUS H. REAGANS Special Assistant U.S. Attorney 6 Attorneys for Defendant 7 8 9 10 11 ORDER APPROVED AND SO ORDERED: 12 13 14 15 DATED: 11/20/12 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice Act, 28 U.S.C. § 2412(d)

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