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)

Case4:11-cv-01295-SBA Document18 Filed05/14/12 Page1 of 3

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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

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT,

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NORTHERN DISTRICT OF CALIFORNIA

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SHERYL A. SMITH,

CASE NO. 4:11-CV-01295 SBA

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,

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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.
__________________________________

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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 be awarded attorney fees under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of ONE THOUSAND

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EIGHT HUNDRED DOLLARS ($1,800.00) and costs in the amount of FOUR HUNDRED

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DOLLARS ($400.00). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§§ 1920 and 2412(d).

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After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the

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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and

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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to

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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

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offset allowed under the United States Department of the Treasury's Offset Program. After the

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order for EAJA fees, expenses and costs is entered, the government will determine whether they

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are subject to any offset.

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Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the

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

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the payment of fees, expenses and costs to be made directly to Dolly M. Trompeter, Esq.,

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pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to

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Plaintiff's counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses and costs in 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 provisions of the EAJA.

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Respectfully submitted,

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Dated: May 14, 2012

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/s/Dolly M. Trompeter
DOLLY M. TROMPETER,
Attorney for Plaintiff
[as authorized by email]

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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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Dated: May 14, 2012

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/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney

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Attorneys for Defendant
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ORDER
APPROVED AND SO ORDERED:

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DATED: 11/20/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT COURT JUDGE

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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice

Act, 28 U.S.C. § 2412(d)