Malone v. Berryhill

Filing 25

STIPULATION AND ORDER re 24 . STIPULATION WITH PROPOSED ORDER FOR EAJA FEES FOR PLAINTIFF filed by Rocky Malone, Nancy A. Berryhill. Signed by Magistrate Judge Kandis A. Westmore on 3/29/18. (sisS, COURT STAFF) (Filed on 3/29/2018)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

ROCKY MALONE,

5
6
7
8
9
10
11

CIVIL NO. 4:17-CV-3646-KAW

Plaintiff,
v.
NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
performing the duties and functions not
reserved to the Commissioner of Social
Security,

STIPULATION AND [PROPOSED] ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

Defendant

12
13

IT IS HEREBY STIPULATED by and between the parties through their undersigned
14

counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

15

Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND

16

AND TWO HUNDRED FIFTY DOLLARS AND 00/CENTS ($6,250.00). This amount

17

represents compensation for all legal services rendered on behalf of Plaintiff by counsel in
connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

18
19

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
will consider the matter of Plaintiff's assignment of EAJA fees and expenses [and costs] to

20

Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 US 586 (2010), the ability to honor the
21

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

22

United States Department of the Treasury’s Offset Program. After the order for EAJA fees and

23

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

24

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

25

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

STIPULATION AND [PROPOSED] ORDER GRANTING ATTORNEY FEES PURSUANT TO EAJA

CIVIL NO. 4:17-CV-3646-KAW

1

1

payment of fees, expenses and costs to be made directly to Katherine Siegfried, pursuant to the

2

assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

3

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

4

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

5

EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any
and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

6

and expenses in connection with this action.
7

This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
8

attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
9

Respectfully submitted,
10
11

Dated: 3/23/2018

/s/ Katherine Siegfried
KATHERINE SIEGFRIED
Attorney for Plaintiff
ROCKY MALONE

Dated: 3/27/2018

ALEX G. TSE
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

12
13
14
15
16
17

/s/ Jennifer Kenney
JENNIFER KENNEY
Special Assistant United States Attorney
Attorneys for the Defendant

18
19
20
21

IT IS SO ORDERED:
22
23
3/29/18
Dated: ________

24

---------------------------------------------------HONORABLE MAGISTRATE JUDGE KANDIS A. WESTMORE

25

STIPULATION AND [PROPOSED] ORDER GRANTING ATTORNEY FEES PURSUANT TO EAJA

CIVIL NO. 4:17-CV-3646-KAW

2