Rankin v. Colvin

Filing 23

STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES re 22 STIPULATION WITH PROPOSED ORDER For Payment of Attorney Fees filed by Trisha Marie Rankin, Nancy A. Berryhill. Signed by Magistrate Judge Kandis A. Westmore on 5/31/17. (sisS, COURT STAFF) (Filed on 5/31/2017)

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1 2 3 4 5 6 7 BRIAN J. STRETCH, CSBN 163973 United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration CHANTAL R. JENKINS, SBN PA 307531 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8931 Facsimile: (415) 744-0134 E-Mail: Chantal.Jenkins@ssa.gov 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 TRISHA MARIE RANKIN, 12 Plaintiff, 13 vs. 14 15 16 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, Defendant. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 4:15-cv-05170-KAW STIPULATION AND PROPOSED ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 20 subject to the approval of the Court, that Trisha Marie Rankin be awarded attorney fees in the amount 21 of seven thousand, two hundred and seventy-one dollars and eighty-eight cents ($7,271.88) under the 22 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 23 24 25 1 26 27 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 28 1 1 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 2 accordance with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Trisha Marie Rankin, the government will 4 5 consider the matter of Trisha Marie Rankin’s assignment of EAJA fees to Brian Barboza. The retainer 6 agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 560 U.S. 7 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 8 whether the fees are subject to any offset allowed under the United States Department of the Treasury’s 9 Offset Program. After the order for EAJA fees is entered, the government will determine whether they 10 11 12 are subject to any offset. Fees shall be made payable to Trisha Marie Rankin, but if the Department of the Treasury 13 determines that Trisha Marie Rankin does not owe a federal debt, then the government shall cause the 14 payment of fees, expenses and costs to be made directly to Brian Barboza, pursuant to the assignment 15 executed by Trisha Marie Rankin. Any payments made shall be delivered to Brian Barboza. 16 This stipulation constitutes a compromise settlement of Trisha Marie Rankin’s request for 17 18 EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the 19 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 20 any and all claims that Trisha Marie Rankin and/or Brian Barboza and his firm may have relating to 21 EAJA attorney fees in connection with this action. 22 23 Respectfully submitted, 24 25 26 27 Dated: May 30, 2017 /s/ Brian Barboza Brian Barboza 28 2 1 Attorney for Plaintiff 2 BRIAN J. STRETCH United States Attorney 3 4 Dated: May 30, 2017 By s/ Chantal R. Jenkins Chantal R. Jenkins Special Assistant U.S. Attorney 5 6 Attorneys for Defendant 7 8 ORDER 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 5/31/17 DATED:________________________ 12 _________________________________ HON. KANDIS A. WESTMORE UNITED STATE MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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