Cairney v. Colvin

Filing 19

ORDER Granting 18 Stipulation for Award of EAJA Fees. Plaintiff is awarded attorney fees in the amount of $6,000.00 and costs in the amount of $400. Signed by Magistrate Judge Carl W. Hoffman on 4/19/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-02139-APG-CWH Document 18 Filed 04/19/17 Page 1 of 4 1 7 STEVEN W. MYHRE Acting United States Attorney District of Nevada PAUL SACHELARI, CSBN 230082 Special Assistant United States Attorney Social Security Administration 160 Spear St., Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8933 Facsimile: (415) 744-0134 Email: paul.sachelari@ssa.gov 8 Attorneys for Defendant 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 11 DISTRICT OF NEVADA APRIL L. CAIRNEY, 12 13 14 15 16 Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) Case No.: 2:16-cv-02139-APG-CWH ) ) ) STIPULATION FOR AWARD OF EAJA FEES ) ) ) ) ) ) 17 18 19 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the 20 approval of the Court as provided below, that Plaintiff be awarded attorney fees under the Equal Access 21 to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of six thousand dollars ($6,000.00), and costs 22 in the amount of four hundred dollars ($400) under 28 U.S.C. § 1920. This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 24 civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 26 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 130 S. Stip. EAJA; 2:16-cv-02139-APG-CWH Case 2:16-cv-02139-APG-CWH Document 18 Filed 04/19/17 Page 2 of 4 1 Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees are 2 subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 3 After the order for EAJA fees is entered, the government will determine whether they are subject to any 4 offset. 5 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 7 fees and costs to be made directly to plaintiff’s counsel Charles E. Binder, pursuant to the assignment 8 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel Charles E. Binder. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees 10 and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of 11 the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff 12 and/or Plaintiff’s counsel may have relating to EAJA attorney fees connection with this action. 13 14 Respectfully submitted, 15 16 Date: April 19, 2017 Law Offices of Binder & Binder LLP 17 19 /s/ Daniel S. Jones* DANIEL S. JONES *By email authorization 20 Attorney for Plaintiff 21 STEVEN W. MYHRE Acting United States Attorney 18 By: 22 24 /s/ Paul Sachelari PAUL SACHELARI Special Assistant United States Attorney 25 Attorneys for Defendant 23 By: 26 Stip. EAJA; 2:16-cv-02139-APG-CWH Case 2:16-cv-02139-APG-CWH Document 18 Filed 04/19/17 Page 3 of 4 1 2 IT IS SO ORDERED: 3 4 __________________________________________ CARL W. HOFFMAN UNITED STATES MAGISTRATE JUDGE 5 6 7 April 19, 2017 Dated:_____________________________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Stip. EAJA; 2:16-cv-02139-APG-CWH Case 2:16-cv-02139-APG-CWH Document 18 Filed 04/19/17 Page 4 of 4 1 2 3 4 CERTIFICATE OF SERVICE I, Paul Sachelari, certify that the following individual was served with the STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT on the date and via the method of service identified below: 5 CM/ECF: 6 Daniel S. Jones Binder & Binder, LLP 485 Madison Avenue, Suite 501 New York, NY 10022 7 8 9 Dated: April 19, 2017 /s/ Paul Sachelari PAUL SACHELARI Special Assistant United States Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Stip. Vol. Remand; 2:16-cv-02139-APG-CWH 4

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