Salazar v. Astrue

Filing 40

STIPULATION AND ORDER 39 Awarding Attorney's Fees Under the Equal Access to Justice Act 28 USC Section 2414(d). Signed by Judge Ronald M. Whyte on 11/14/14. (jgS, COURT STAFF) (Filed on 11/14/2014)

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Tom Weathered #115207
999 16th Street, #7.
San Francisco, CA 94107
Tel. [phone]
[e-mail]

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Attorney for Plaintiff
Loretta Cortez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELANIE SALAZAR

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Plaintiff,

NO. CV 11-3840 RMW

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vs.

STIPULATION AND () ORDER

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CAROLYN COLVIN, Acting Commissioner,

AWARDING ATTORNEY’S FEES UNDER

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Social Security Administration

THE EQUAL ACCESS TO JUSTICE ACT

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Defendant

28 USCA§ 2414(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 Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $ 4700.00 This amount

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

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connection with this civil action, in accordance with 28 U.S.C. § 2412(d). The parties hereby

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stipulate that no fees will be sought by Plaintiff’s Counsel under the provisions of 42 U.S.C.A. §

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406(b). Defendant’s counsel will see that Defendant is appropriately made aware of this fact.

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This fee will be paid to Plaintiff’s attorney, upon verification that Plaintiff has no debt which

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qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as

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discussed in Astrue v.Ratliff, 130 S. Ct. 2521, 2527 (2010) (holding that EAJA awards fees to

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litigant, subjecting fee calculation “to a federal administrative offset if the litigant has
STIPULATION AND ORDER
RE FEES UNDER E.A.J.A.
NO CV. 11-3840 RMW

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outstanding federal debtsThis stipulation constitutes a compromise settlement of Plaintiff’s

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request for EAJA attorney fees.
Defendant’s Counsel will process the fee and see that irt is forwarded to the Treasury

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Department within 48 hours of the Court’s Order approving this stipulation.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees and expenses, 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 in connection with this action.

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Dated:

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By: /s/ Tom Weathered
TOM WEATHERED
Attorney for Plaintiff

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Dated:

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MELINDA L. HAAG
United States Attorney
By: /s/ Michael Marriott
As authorized via e-mail)
MICHAEL MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED.

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Dated: ________________

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_______________________________________
RONALD M. WHYTE
United States District Judge

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STIPULATION AND ORDER
RE FEES UNDER E.A.J.A.
NO CV. 11-3840 RMW

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