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)

Case 2:16-cv-02139-APG-CWH Document 18 Filed 04/19/17 Page 1 of 4

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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: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
APRIL L. CAIRNEY,

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Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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) Case No.: 2:16-cv-02139-APG-CWH
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) STIPULATION FOR AWARD OF EAJA FEES
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the

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approval of the Court as provided below, that Plaintiff be awarded attorney fees under the Equal Access

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to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of six thousand dollars ($6,000.00), and costs

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in the amount of four hundred dollars ($400) under 28 U.S.C. § 1920. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this

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civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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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

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Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of the Treasury’s Offset Program.

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After the order for EAJA fees is entered, the government will determine whether they are subject to any

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offset.

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Fees and costs 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 payment of

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fees and costs to be made directly to plaintiff’s counsel Charles E. Binder, pursuant to the assignment

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executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel Charles E. Binder.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees

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and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of

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the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff

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and/or Plaintiff’s counsel may have relating to EAJA attorney fees connection with this action.

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Respectfully submitted,

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Date: April 19, 2017

Law Offices of Binder & Binder LLP

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/s/ Daniel S. Jones*
DANIEL S. JONES
*By email authorization

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Attorney for Plaintiff

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STEVEN W. MYHRE
Acting United States Attorney

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By:

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/s/ Paul Sachelari
PAUL SACHELARI
Special Assistant United States Attorney

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Attorneys for Defendant

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By:

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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

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IT IS SO ORDERED:

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__________________________________________
CARL W. HOFFMAN
UNITED STATES MAGISTRATE JUDGE

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April 19, 2017
Dated:_____________________________________

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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

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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:

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CM/ECF:

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Daniel S. Jones
Binder & Binder, LLP
485 Madison Avenue, Suite 501
New York, NY 10022

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Dated: April 19, 2017
/s/ Paul Sachelari
PAUL SACHELARI
Special Assistant United States Attorney

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Stip. Vol. Remand; 2:16-cv-02139-APG-CWH 4