Swain v. Astrue

Filing 27

ORDER signed on 6/11/2014 by Judge Saundra Brown Armstrong Granting 26 Stipulation APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920. (ndr, COURT STAFF) (Filed on 6/12/2014)

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MELINDA HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JAMES SWAIN,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

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Case No.: 4:13-CV-00440-SBA
STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d), AND COSTS PURSUANT
TO 28 U.S.C. § 1920

IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of

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SIX THOUSAND, NINE-HUNDRED DOLLARS AND ZERO CENTS ($6,900.00) under the

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

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DOLLARS ($0.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal

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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920, 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the

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fees are subject to any offset allowed under the United States Department of the Treasury’s

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Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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

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expenses and costs to be made directly to Harvey P. Sackett, pursuant to the assignment executed

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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

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

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

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complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel,

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including Sackett and Associates, 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 and/or Sackett and

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Associates to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the

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savings clause provisions of the EAJA.

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Respectfully submitted,

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Dated: June 6, 2014

By:

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

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/s/ Lynn M. Harada for Harvey P. Sackett*
(*as authorized by email on 6/6/14)
HARVEY P. SACKETT
Attorney for Plaintiff

Dated: June 6, 2014

By:

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

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded

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attorney fees in the amount of SIX THOUSAND, NINE-HUNDRED DOLLARS AND ZERO

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CENTS ($6,900.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the abovereferenced Stipulation.
Dated: 6/11/2014

________________________________________________
THE HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Judge

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