Jacinto v. Colvin

Filing 24

Order by Magistrate Judge Donna M. Ryu granting 23 Stipulation awarding Equal Access to Justice Act Attorney Fees and Expenses.(dmrlc1, COURT STAFF) (Filed on 6/8/2016)

1
2
3
4
5

Geri N. Kahn (State Bar Number 148536)
[e-mail]
Law Office of Geri N. Kahn
465 California Street, Suite 609
San Francisco, CA 94104
Tel. [phone]
Fax [phone]
Attorney for Plaintiff
Alberto Teotico Jacinto

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
Alberto Teotico Jacinto,

Case No. 4:15-cv-03516- DMR

12
Plaintiff,
13
vs.
14
15
16

STIPULATION AND [PROPOSED ORDER]
SETTLING ATTORNEY’S FEES AND COSTS
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

Carolyn W. Colvin, Acting Commissioner for
Social Security
Defendant.

17
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
18
subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to
19
Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND EIGHT HUNDRED
20
FIFTY DOLLARS ($4,850.00) and costs in the amount of FOUR HUNDRED DOLLARS ($400.00), the
21
total amount being FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS ($5,250.00). This amount
22
represents compensation for all legal services rendered and costs advanced on behalf of Plaintiff by
23
counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).
24
After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the government
25
will consider the matter of Plaintiff's assignment of EAJA fees and expenses and costs to Plaintiff's
26
attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will
27
depend on whether the fees, expenses and costs are subject to any offset allowed under the United States
28
Case No. 4:15-cv-03516- DMR
1
STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA

1

Department of the Treasury's Offset Program. After the order for EAJA fees, expenses and costs is

2

entered, the government will determine whether they are subject to any offset.

3

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

4

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

5

fees, expenses and costs to be made directly to Geri N. Kahn, pursuant to the assignment executed by

6

Plaintiff. Any payments made shall be delivered to Plaintiff's counsel at

7

465 California Street, Suite 609

8

San Francisco, CA 94104

9

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

10

expenses and costs, and does not constitute an admission of liability on the part of Defendant under the

11

EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all

12

claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses and

13

costs in connection with this action.

14
15

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.

16
Respectfully submitted,

17
18
19

Dated: June 2, 2016

/s/Geri N. Kahn
GERI N. KAHN
Attorney for Plaintiff

20
21
22

Dated: June 2, 2016
BRIAN STRETCH
United States Attorney
DEBORAH L. STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

23
24
25
26
27
28

By:

/s/ Jennifer Tarn
JENNIFER TARN
Special Assistant U.S. Attorney
[by email authorization 06/02/2016]
Attorneys for Defendant

Case No. 4:15-cv-03516- DMR
2
STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA

1
2
3
4
5

ORDER
APPROVED AND SO ORDERED: IT IS ORDERED that Plaintiff be awarded attorney fees
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR
THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($4,850.00) and costs in the amount of FOUR
HUNDRED DOLLARS ($400.00), subject to the terms of the parties’ stipulation.

6

14

R NIA

LI

ER

FO

. Ryu

onna M
Judge D

H

13

RT

12

O ORD

IT IS S

NO

11

DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE
ERED

A

10

UNIT
ED

9

Dated: June 8, 2016

S DISTRICT
TE
C
TA

RT
U
O

8

S

7

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 4:15-cv-03516- DMR
3
STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA