Zamora v. Astrue

Filing 22

STIPULATION AND ORDER AWARDING ATTORNEY FEES re 21 . Signed by Judge Jeremy Fogel on 11/23/10. (dlm, COURT STAFF) (Filed on 12/2/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELINDA L. HAAG, SBN CA 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration BRENDA M. PULLIN, SBN CO 35181 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: 415-977-8985 Fax: 415-744-0134 E-mail: Brenda.Pullin@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JAVIER ZAMORA, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security ) ) Defendant. ) ____________________________________) CIVIL NO. 5:09-3273-JF STIPULATION AND ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. 2412(d)) IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), in the amount of THREE THOUSAND EIGHT HUNDRED DOLLARS AND 00/CENTS ($3800.00). This amount 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. 2412(d). 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 to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, - S.Ct. - , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department of the Treasury's Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset. Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 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 Tom Weathered, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the 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 and expenses in connection with this action. 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. Dated: November 19, 2010 By: /s/ Tom Weathered TOM WEATHERED (As authorized via e-mail) Attorney for Plaintiff MELINDA L. HAAG United States Attorney Dated: November 19, 2010 By: /s/ Brenda M. Pullin BRENDA M. PULLIN Special Assistant United States Attorney Attorneys for Defendant IT IS SO ORDERED. 11/23/10 Dated: ________________ /S __________/_____________________________ THE HONORABLE JEREMY FOGEL United States District Judge 5:09-3273-JF Page 2

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