Bolden v. CSS
Filing
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STIPULATION and ORDER 45 SETTLING ATTORNEY'S FEE, signed by Magistrate Judge Edmund F. Brennan on 6/24/11. Plaintiff is AWARDED atty fees under the Equal Access to Justice Act (EAJA), in the amount of $10,750 and costs in the amount of $148.14.(Kastilahn, A)
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BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX,
Social Security Administration
DAVID LERCH CSBN 229411
Special Assistant United States Attorney
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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8936
Facsimile: (415) 744-0134
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT,
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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CASE NO. 2:08-CV-01481-GEB-EFB
LAKENYA R. BOLDEN,
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STIPULATION AND ORDER SETTLING
ATTORNEY’S FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d)
Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,
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Defendant.
__________________________________
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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 be awarded attorney fees under the
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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TEN THOUSAND
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SEVEN HUNDRED FIFTY DOLLARS ($10,750), and costs in the amount of ONE HUNDRED
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FORTY-EIGHT DOLLARS AND FOURTEEN CENTS ($148.14). This amount represents
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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with
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this civil action, in accordance with 28 U.S.C. § 2412(d).
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After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the
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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and
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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to
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Stipulation and Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice Act, 28
U.S.C. § 2412(d)
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honor the assignment will depend on whether the fees, expenses and costs are subject to any
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offset allowed under the United States Department of the Treasury's Offset Program. After the
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order for EAJA fees, expenses and costs is entered, the government will determine whether they
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are subject to any offset.
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Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the
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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
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the payment of fees, expenses and costs to be made directly to Ann Cerney, pursuant to the
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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
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attorney fees, expenses and costs, 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 and costs in connection with this action.
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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
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Respectfully submitted,
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Dated: June 21, 2011
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/s/ Ann M. Cerney
ANN M. CERNEY,
Attorney for Plaintiff
[as authorized by email]
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Stipulation and Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice Act, 28
U.S.C. § 2412(d)
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Dated: June 21, 2011
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
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By:
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/s/ David Lerch
DAVID LERCH
Special Assistant U.S. Attorney
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Attorneys for Defendant
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ORDER
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APPROVED AND SO ORDERED:
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DATED: June 24, 2011.
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Stipulation and Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice Act, 28
U.S.C. § 2412(d)
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