Harris v. Astrue

Filing 23

ORDER by Judge Lucy H. Koh granting 22 Stipulation (lhklc2, COURT STAFF) (Filed on 5/24/2012)

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HARVEY P. SACKETT (72488)

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1055 Lincoln Avenue
Post Office Box 5025
San Jose, California 95150-5025
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff

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/amb

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ROBERT J. HARRIS,

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Plaintiff,
v.

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MICHAEL J. ASTRUE,
Commissioner,
Social Security Administration,
Defendant.

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Case No: 5:11-cv-03229-LHK

STIPULATION AND PROPSED ORDER
SETTLING 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

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

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

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TWO HUNDRED DOLLARS ($5,200.00). This amount represents compensation for all legal

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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. § 2412(d).

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

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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and

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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to

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honor the assignment will depend on whether the fees, expenses and costs are subject to any

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offset allowed under the United States Department of the Treasury's Offset Program. After the

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order for EAJA fees, expenses and costs is entered, the government will determine whether they

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are subject to any offset.

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

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

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the payment of fees, expenses and costs to be made directly to Harvey P. Sackett, pursuant to the

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assignment executed by 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

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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses and costs 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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Dated: May 21, 2012

/s/
HARVEY P. SACKETT
Attorney for Plaintiff
ROBERT J. HARRIS

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MELINDA L. HAAG
United States Attorney

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STIPULATION AND PROPOSED ORDER

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Dated: May 21, 2012

/s/
ELIZABETH BARRY
Special Assistant for U.S. Attorney
Attorneys for Defendant
(as authorized via e-mail)

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IT IS SO ORDERED.

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Dated: May 24, 2012
LUCY H. KOH
United States District Judge

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STIPULATION AND PROPOSED ORDER

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