Fragoza v. Colvin

Filing 23

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES filed by Carolyn W. Colvin, Tony Fragoza, Motions terminated: 22 STIPULATION WITH PROPOSED ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES filed by Carolyn W. Colvin, Tony Fragoza. Signed by Magistrate Judge Kandis A. Westmore on 4/17/15. (sisS, COURT STAFF) (Filed on 4/17/2015)

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MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN, CSBN 240609
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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TONY FRAGOZA,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.
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Case No. 4:14-cv-03317-KAW
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d) AND
PROPOSED ORDER

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IT IS HERE BY 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 in the amount

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of three thousand seven hundred fifty dollars ($3,750.00) under the Equal Access to Justice Act

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(EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services

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

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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 the Homeless Action Center. Pursuant to

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Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor

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the assignment will depend on whether the fees are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,

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the government will determine 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 to

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be made directly to Homeless Action Center, pursuant to the assignment executed by Plaintiff.

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Any payments made shall be delivered to Homeless Action Center.

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

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

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or Kyle Kitson or Homeless Action Center may have

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relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of Kyle Kitson and/or Homeless Action

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

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clause provisions of the EAJA.
Respectfully submitted,

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Date: April 16, 2015
By:

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HOMELESS ACTION CENTER
/s/ Kyle Kitson*
KYLE KITSON
Attorney for Plaintiff
*By email authorization on 4/16/2015

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Date: April 16, 2015
By:

MELINDA L. HAAG
United States Attorney
/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant United States Attorney
Attorneys for Defendant
Of Counsel for Defendant:
Marcelo N. Illarmo, Assistant Regional Counsel
Office of the General Counsel
Social Security Administration

ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Attorney fees Pursuant
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to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) , IT IS ORDERED that fees in the
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amount of $ 3,750.00, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the
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Stipulation. .
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DATED: _________________
4/17/15

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HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE