Martinez v. Astrue

Filing 34

STIPULATION AND ORDER RE AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 USC SECTION 2412(d) re 33 Stipulation filed by Michael J. Astrue. Signed by Judge Paul S. Grewal on August 2, 2011. (psglc1, COURT STAFF) (Filed on 8/2/2011)

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JOSEPH P. RUSSONIELLO, CSBN 44332
United States Attorney
LUCILLE GONZALES MEIS, SBN CO 15153
Regional Chief Counsel, Region IX
Social Security Administration
SUNDEEP R. PATEL, CSBN 242284
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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VICTORIA MARTINEZ,
Plaintiff,

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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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______________________________)

CIVIL ACTION NO. 09-3471

STIPULATION FOR THE AWARD
OF ATTORNEY’S FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d)

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

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

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amount of SIX THOUSAND FIVE HUNDRED dollars and 0 cents ($6,500.00). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in

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connection with this civil action, in accordance with 28 U.S.C. § 2412.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will

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consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney.

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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend

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on whether the fees and expenses are subject to any offset allowed under the United States

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

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

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Fees and expenses 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

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fees, expenses and costs to be made directly to Bess Brewer, pursuant to the assignment executed by

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

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

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

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

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

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expenses in connection with this action.

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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.

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Respectfully submitted,

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Dated: August 1, 2011

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/s/ Bess M. Brewer___
(as authorized via e-mail)
BESS M. BREWER
Attorney for Plaintiff

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JOSEPH P. RUSSONIELLO
United States Attorney

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Dated: August 1, 2011

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By s/ Sundeep R. Patel
SUNDEEP R. PATEL
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:
August 2, 2011
DATED:________________________

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PAULSINGH GREWAL
UNITED STATES MAGISTRATE JUDGE

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