Cardenas v. Colvin

Filing 33

Order by Magistrate Judge Donna M. Ryu granting 32 Stipulation.(dmrlc2, COURT STAFF) (Filed on 1/28/2015)

Case4:13-cv-03321-DMR Document32 Filed01/27/15 Page1 of 2

1
2
3
4
5
6

Robert C Weems (CA SBN 148156)
Margaret M. Weems (CA SBN 164030)
WEEMS LAW OFFICES
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: 415.881.7653
Fx: 866.610.1430

[e-mail]

Attorneys for Defendant
JAIME CARDENAS

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

JAIME CARDENAS,
Plaintiff,
v.

Case No. 4:13-cv-03321-DMR
PROPOSED ORDER AND
STIPULATION AWARDING EAJA FEES

CAROLYN W. COLVIN,
Acting Commissioner Of Social Security,
Defendant.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
subject to the approval of the Court, that Plaintiff, JAIME CARDENAS, will be awarded attorney
fees and costs in the amount of:
Three Thousand Three Hundred Dollars and No Cents ($3,300.00) pursuant to the Equal Access
to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal
services rendered on behalf of Plaintiff by counsel in the amount of $3,300.00 in connection with
this civil action in accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees to plaintiff, the Defendant will consider any
assignment of EAJA fees to attorney. The ability to honor any such assignment will depend on
whether the fees are subject to any offset allowed under the United States Department of the
Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will determine
whether they are subject to any offset.

1
STIPULATION AWARDING EAJA FEES

Case No. 4:13-cv-03321-DMR

Case4:13-cv-03321-DMR Document32 Filed01/27/15 Page2 of 2

1

Fees shall be made payable to JAIME CARDENAS, but if the Department of the Treasury

2

determines that JAIME CARDENAS does not owe a federal debt, then the government shall cause

3

the payment of fees to be made directly to the Mr. Robert C. Weems plaintiff’s attorney or record,

4

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

5

This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA attorney fees

6

and recoverable costs and does not constitute an admission of liability on the part of Defendant

7

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

8

from, and bar to, any and all claims that plaintiff and/or plaintiff’s counsel including Weems Law

9

Offices may have relating to EAJA attorney fees in connection with this action.

10
11

th

SO STIPULATED AND AGREED, this 27 day of January, 2015.
WEEMS LAW OFFICES

MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel

12
13
14
15

/s/Robert C. Weems
ROBERT C. WEEMS,
Attorney for Plaintiff,
JAIME CARDENAS

By: /s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant U.S. Attorney
Attorneys for Defendant
CAROLYN W. COLVIN,
Acting Commissioner Of Social Security

16
17
18
19
20
21
22
23
24
25

ORDER
PURSUANT TO THE TERMS OF THE FOREGOING STIPULATION OF THE PARTIES,
DEFENDANT SHALL PAY TO PLAINTIFF OR PLAINTIFF’S COUNSEL THE AMOUNT OF
THREE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($3,300.00) AS AN
AWARD FOR FEES AND COSTS PURSUANT TO 28 USC U.S.C. § 2412(D).
SO ORDERED:

Date: January 28, 2015

Hon. Donna M. Ryu,
Unites States Magistrate Judge

26
27
28
2
STIPULATION AWARDING EAJA FEES

Case No. 4:13-cv-03321-DMR