Kean v. Saul

Filing 25

ORDER granting 24 Stipulation for Award of EAJA Attorneys Fees to Plaintiff. Signed by Judge Susan van Keulen on 7/15/2021. (svklc1S, COURT STAFF) (Filed on 7/15/2021)

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ANNE M. SU, SBN 297985
HOMELESS ACTION CENTER
2601 San Pablo Avenue
Oakland, CA 94612
Phone: [phone] x. 304
Fax: [phone]
[e-mail]
Attorney for Plaintiff
STEPHANIE HINDS
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
MARLA K. LETELLIER, CSBN 234969
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MICHAEL KEAN,

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Plaintiff,
v.

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KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

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Defendant.

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CIVIL NO. 5:20-cv-03236-SVK
STIPULATION TO PLAINTIFF’S AWARD
OF ATTORNEY’S FEES AND COSTS AND
PROPOSED ORDER

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’s counsel, as Plaintiff’s assignee, be

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awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of ONE

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THOUSAND NINE HUNDRED AND FORTY DOLLARS AND NINETEEN CENTS

Order re EAJA fees – 5:20-cv-03236-SVK - 1

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($1,940.19). This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920,

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2412(d).

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

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

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the EAJA. Payment of one thousand nine hundred and forty dollars and nineteen cents

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($1,940.19) in EAJA attorney fees shall constitute a complete release from and bar to any and

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all claims Plaintiff may have relating to EAJA fees, expenses, and/or costs in connection with

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this action.

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After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will

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consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. The ability

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to honor the assignment will depend on whether the fees are subject to any offset allowed

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under the United States Department of the Treasury’s Offset Program and the government will

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determine whether the fees are subject to an offset. See Astrue v. Ratliff, 560 U.S. 586, 598

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(2010). Any payment 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

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payment of fees and costs to be made directly to Plaintiff’s counsel, Anne Su, pursuant to the

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assignment executed by Mr. Kean (attached).

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social

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Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of

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the EAJA.

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Dated: July 13, 2021
/s/ Anne Marie Su
ANNE MARIE SU
Attorney for Plaintiff Michael Kean

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Order re EAJA fees – 5:20-cv-03236-SVK - 2

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Date: July 13, 2021

STEPHANIE HINDS
Acting United States Attorney

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By:

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Attorneys for Defendant

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/s/ Marla Kendall Letellier
MARLA KENDALL LETELLIER
Special Assistant United States Attorney
* by email authorization 07/13/2021

ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act
Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA
in the amount of ONE THOUSAND NINE HUNDRED AND FORTY DOLLARS AND
NINETEEN CENTS ($1,940.19) as authorized by 28 U.S.C. §§ 1920, 2412(d), subject to the
terms of the above-referenced Stipulation.

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Dated: July 15, 2021
THE HONORABLE SUSAN VAN KEULEN
United States Magistrate Judge

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Order re EAJA fees – 5:20-cv-03236-SVK - 3