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

1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 42 N. Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 GREGORY ALAN BRACKSIECK, Case No.: 2:18-cv-00661-AC 11 Plaintiff, 12 STIPULATION AND PROPOSED ORDER vs. 13 FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, 15 16 Defendant 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 EAJA in the amount of SEVEN-THOUSAND FOUR-HUNDRED dollars ($7,400.00), in 21 accordance with 28 U.S.C. § 2412, plus FOUR-HUNDRED ($400.00) for filing fee costs, in 22 23 accordance with 28 U.S.C. § 1920, for a total of SEVEN-THOUSAND EIGHT-HUNDRED 24 dollars ($7,800.00). This amount represents compensation for all legal services rendered on 25 behalf of Plaintiff, to date, by counsel in connection with this civil action. 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 28 1 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 2 assignment will depend on whether the fees and expenses are subject to any offset allowed under 3 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 4 and expenses is entered, the government will determine whether they are subject to any offset. 5 6 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause the 8 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 10 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 11 12 attorney fees and expenses, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 14 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 15 EAJA attorney fees and expenses in connection with this action. 16 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 17 18 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 19 Respectfully submitted, 20 Dated: August 29, 2019 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 McGREGOR W. SCOTT 23 United States Attorney 24 DEBORAH L. STACHEL Regional Chief Counsel, Region IX 25 Date: August 29, 2019 /s/ Daniel P. Talbert 26 (As authorized via email on 8/28/19) 27 DANIEL P. TALBERT Special Assistant United States Attorney 28 1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 Sutter Street, Suite 400 3 || Stockton, California 95202 Telephone: (209) 948-9384 4 || Facsimile: (209) 948-0706 5 6 || Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 GREGORY ALAN BRACKSIECK, Case No.: 2:18-cv-00661-AC 11 Plaintiff, vs ORDER FOR THE AWARD OF 13 ATTORNEY FEES PURSUANT TO THE 4 ANDREW SAUL, roe aU TO JUSTICE ACT, 28 Acting Commissioner of Social Security, S.C. □ (d) 15 16 Defendant 17 18 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 19 under EAJA, in the amount of SEVEN-THOUSAND FOUR-HUNDRED dollars ($7,400.00), 20 plus FOUR-HUNDRED ($400.00) for filing fee costs, for a total of SEVEN-THOUSAND 21 39 EIGHT-HUNDRED dollars ($7,800.00), are awarded to Plaintiff, subject to the terms of the 93 || stipulation. 24 IT IS SO ORDERED. 25 DATED: August 29, 2019 26 Athen LNap—e 7 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 28 STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2:18-cv-00661-AC PAGE 3