Walker v. Colvin

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Paula Walker, Carolyn W. Colvin. Signed by Magistrate Judge Kandis A. Westmore on 12/21/16. (sisS, COURT STAFF) (Filed on 12/21/2016)

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Harvey Peter Sackett, Esq. Of Counsel
State Bar No. 72488
Olinsky Law Group
300 S. State St., Suite 420
Syracuse, NY 13202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff Paula Walker

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAULA WALKER,
Plaintiff,
Case No. 15-cv-00097-KAW

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STIPULATION AND ORDER FOR
PLAINTIFF’S MOTION FOR ATTORNEY’S
FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §
2412

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Magistrate Judge: Hon. Kandis A. Westmore

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-vs-

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CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant.
----------------------------------------------------------IT IS HEREBY STIPULATED AND AGREED by the parties, through their attorneys,

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Howard D. Olinsky acting on behalf of Harvey P. Sacket, attorney for Plaintiff, and Amanda

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Roth, Assistant Regional Counsel, attorney for defendant, that the defendant shall pay the sum of

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$5.324.03 for services performed, incurred in connection with this action in full satisfaction of

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Stipulation and Order Plaintiff’s Motion for

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Attorneys Fee’s Pursuant to the Equal Access

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to Justice Act, 28 U.S.C. § 2412

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No. 15-cv-00097-KAW

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Plaintiff’s claim pursuant to the Equal Access to Justice Act (EAJA), Title 28 U.S.C. '
2412(d) for services performed in connection with this action. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection

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with this civil action, in 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

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consider the matter of Plaintiff’s assignment of EAJA fees to counsel Olinsky Law Group.

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

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ability to honor the assignment will depend on whether the fees are subject to any offset

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

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order for EAJA fees is entered, 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

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determines that Plaintiff does not owe a federal debt, then the government shall cause the
payment of fees, expenses and costs to be made directly to Olinsky Law Group, pursuant to
the assignment executed by Plaintiff.

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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

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

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release from, and bar to, any and all claims that Plaintiff and/or Olinsky Law Group may

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

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Stipulation and Order Plaintiff’s Motion for

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Attorneys Fee’s Pursuant to the Equal Access

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to Justice Act, 28 U.S.C. § 2412

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No. 15-cv-00097-KAW

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This award is without prejudice to the rights of Olinsky Law Group, to seek Social
Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions
of the EAJA.

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DATE: 12-20-2016

Respectfully submitted,
______________________
Harvey P. Sackett, Esq., Of Counsel,
State Bar No. 72488, by
Howard D. Olinsky, Esq.
Olinsky Law Group
300 S. State St., Suite 420
Syracuse, NY 13202
Telephone: [phone]
Facsimile: [phone]

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___s/ Armand D. Roth_____________
ARMAND D. ROTH, ESQ.
Special Assistant United States Attorney
E-signed with express permission.

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED

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DATED ______________
12/21/16
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HONORABLE KANDIS A. WESTMORE
MAGISTRATE JUDGE

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Stipulation and Order Plaintiff’s Motion for

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Attorneys Fee’s Pursuant to the Equal Access

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to Justice Act, 28 U.S.C. § 2412

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No. 15-cv-00097-KAW