(SS) Melendez v. Commissioner of Social Security ( 2019 )

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 3 (916) 488-3030 (916) 489-9297 fax 4 Attorney for Plaintiff 5 JORGE MELENDEZ 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 -o0O0o- 12 13 14 JORGE MELENDEZ, ) No. 2:18-CV-1833-EFB 15 ) Plaintiff, ) 16 ) STIPULATION AND 17 v. ) PROPOSED ORDER ) APPROVING SETTLEMENT 18 Andrew Saul, ) OF ATTORNEY FEES UNDER COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO 19 SECURITY, ) JUSTICE ACT [28 U.S.C. 20 ) §2412(d)] ) 21 Defendant. ) ____________________________________) 22 23 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 24 Court, that plaintiff be awarded attorney fees in the amount of Three Thousand ($3,000.00) 25 26 under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of 27 28 1 costs. This will represent compensation for all legal services rendered by counsel for plaintiff in 2 this civil action and in accordance with that statute. 3 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 4 pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed 5 6 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 7 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 8 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 9 plaintiff and will deliver the payment to said counsel. 10 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 11 12 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 13 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 14 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 15 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 16 17 18 Dated: August 21, 2019 /s/ Jesse S. Kaplan 19 JESSE S. KAPLAN 20 Attorney for Plaintiff 21 Dated: August 21, 2019 /s/ per email authorization 22 23 JEFFREY CHEN Special Assistant U.S. Attorney 24 Attorney for Defendant 25 26 27 28 1 ORDER GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that defendant pay plaintiffs attorney fees pursuant to the EAJA in accordance with this stipulation. 5 || DATED: August 22, 2019. EDMUND F. BRENNAN 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Pleading Title] - 3