Ruiz v. Berryhill

Filing 26

ORDER granting 23 Stipulation for the Award and Payment of Attorney Fees and Expenses. Signed by Judge Jennifer A. Dorsey on 11/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-03036-JAD-VCF Document 23 Filed 10/04/18 Page 1 of 3

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DAYLE ELIESON
United States Attorney
District of Nevada
JENNIFER A. KENNEY, SBN CA 241625
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES STEVEN RUIZ,

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Plaintiff,

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v.

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

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Case No. 2:17-cv-03036-JAD-VCF
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §
2412(d), AND COSTS PURSUANT TO
28 U.S.C. § 1920
ECF No. 23

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 and expenses in the amount

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of $3,000.00 dollars under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs

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under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on
behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§
1920; 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. Ratliff, 560
U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend

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Case 2:17-cv-03036-JAD-VCF Document 23 Filed 10/04/18 Page 2 of 3

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on whether the fees are subject to any offset allowed under the United States Department of the

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Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses

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and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any
payments made shall be delivered to counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

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fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and
all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA attorney
fees in connection with this action.

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This award is without prejudice to the rights of [counsel] and/or [counsel’s firm] to seek Social
Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
EAJA.
Respectfully submitted this 4th day of October 2018.
DAYLE ELIESON
United States Attorney

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/s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant United States Attorney

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OF COUNSEL:

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DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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IT IS SO ORDERED:
_________________________________
_________________
__ _ _ _ _
UNITEDict Ju
DISTRICT COURT
U.S. District Judge Jennifer A. Dorsey JUDGE/
strict Judge Jennifer
ri STATES e f
UNITED STATES MAGISTRATE JUDGE
Dated: November 7, 2018
DATED:

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