Jacinto v. Colvin

Northern District of California, cand-4:2015-cv-03516

Order by Magistrate Judge Donna M. Ryu granting {{23}} Stipulation awarding Equal Access to Justice Act Attorney Fees and Expenses.(dmrlc1, COURT STAFF)

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1 Geri N. Kahn (State Bar Number 148536) geri@gerinkahn.com 2 Law Office of Geri N. Kahn 465 California Street, Suite 609 3 San Francisco, CA 94104 Tel. (415) 397-5446 4 Fax (800) 375-5956 5 Attorney for Plaintiff Alberto Teotico Jacinto 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 Alberto Teotico Jacinto, Case No. 4:15-cv-03516- DMR 12 Plaintiff, STIPULATION AND [PROPOSED ORDER] 13 SETTLING ATTORNEY'S FEES AND COSTS vs. PURSUANT TO THE EQUAL ACCESS TO 14 JUSTICE ACT, 28 U.S.C. § 2412(d) Carolyn W. Colvin, Acting Commissioner for 15 Social Security 16 Defendant. 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to 19 Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND EIGHT HUNDRED 20 FIFTY DOLLARS ($4,850.00) and costs in the amount of FOUR HUNDRED DOLLARS ($400.00), the 21 total amount being FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS ($5,250.00). This amount 22 represents compensation for all legal services rendered and costs advanced on behalf of Plaintiff by 23 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 24 After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the government 25 will consider the matter of Plaintiff's assignment of EAJA fees and expenses and costs to Plaintiff's 26 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will 27 depend on whether the fees, expenses and costs are subject to any offset allowed under the United States 28 Case No. 4:15-cv-03516- DMR 1 STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA 1 Department of the Treasury's Offset Program. After the order for EAJA fees, expenses and costs is 2 entered, the government will determine whether they are subject to any offset. 3 Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 5 fees, expenses and costs to be made directly to Geri N. Kahn, pursuant to the assignment executed by 6 Plaintiff. Any payments made shall be delivered to Plaintiff's counsel at 7 465 California Street, Suite 609 8 San Francisco, CA 94104 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, 10 expenses and costs, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all 12 claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses and 13 costs in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act 15 attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 16 17 Respectfully submitted, 18 19 Dated: June 2, 2016 /s/Geri N. Kahn GERI N. KAHN 20 Attorney for Plaintiff 21 22 Dated: June 2, 2016 BRIAN STRETCH 23 United States Attorney DEBORAH L. STACHEL 24 Acting Regional Chief Counsel, Region IX Social Security Administration 25 26 By: /s/ Jennifer Tarn JENNIFER TARN 27 Special Assistant U.S. Attorney [by email authorization 06/02/2016] 28 Attorneys for Defendant Case No. 4:15-cv-03516- DMR 2 STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA 1 ORDER 2 APPROVED AND SO ORDERED: IT IS ORDERED that Plaintiff be awarded attorney fees 3 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR 4 THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($4,850.00) and costs in the amount of FOUR 5 HUNDRED DOLLARS ($400.00), subject to the terms of the parties' stipulation. 6 ISTRIC 7 TES D TC TA 8 Dated: June 8, 2016 O S U ED DONNA M. RYU RT ERED JUDGE 9 UNITED STATES MAGISTRATE O ORD UNIT 10 IT IS S R NIA 11. Ryu NO onna M Judge D FO 12 RT LI 13 ER H A N C F 14 D IS T IC T O R 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:15-cv-03516- DMR 3 STIP. & PROP. ORDER FOR ATTORNEY FEES AND COSTS PURSUANT TO EAJA