Calamateos v. Astrue

Filing 31

STIPULATION AND ORDER for Award of Attorney's Fees Under the Equal Access to Justice Act re 30 . Signed by Judge Koh on 6/15/2011. (lhklc1, COURT STAFF) (Filed on 6/15/2011)

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1 2 3 4 5 6 7 8 MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration ELIZABETH FIRER, SBN WI 1034148 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8937 Facsimile: (415) 744-0134 Email: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARIA CALAMATEOS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. C10-02900 LHK STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of ONE THOUSAND DOLLARS ($1000.00). 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). Additionally, the Commissioner is waiving the time requirement for filing an EAJA application in this case based on factors specific to this case only. This agreement should not be construed as a general waiver of timeliness. 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, 130 S.Ct. 2521 (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 Department of 1 the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the Government will 2 determine whether they are subject to any offset. Fees and expenses shall be made payable to Plaintiff, but 3 if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the Government 4 shall cause the payment of fees, expenses and costs to be made directly to Harvey P. Sackett, pursuant to 5 the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees 7 and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. 8 Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that 9 Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in connection with 10 11 12 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 offset provisions of the EAJA. 13 14 /s/ Harvey P. Sackett (As authorized via email) HARVEY P. SACKETT Sackett and Associates 1055 Lincoln Avenue P.O. Box 5025 San Jose, CA 95150-5025 Attorney for Plaintiff Dated: June 10, 2011 15 16 17 18 MELINDA L. HAAG United States Attorney 19 20 Dated: June 10, 2011 By: 21 22 23 24 /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of ONE THOUSAND DOLLARS ($1000.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above referenced Stipulation. 25 26 27 June 15, 2011 Dated: __________________ _____________________________ LUCY H. KOH United States District Judge 28 2

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