(SS) Garibay 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 X BRANCH 10 RUBEN EDUARDO GARIBAY, Case No.: 2:18-cv-01226-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 FIVE-HUNDRED dollars ($7,500.00). This 21 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by 22 23 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 24 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 25 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 26 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 27 assignment will depend on whether the fees and expenses are subject to any offset allowed under 28 1 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 2 and expenses is entered, the government will determine whether they are subject to any offset. 3 Fees and expenses 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 5 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 attorney fees and expenses, and does not constitute an admission of liability on the part of 10 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 11 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 13 EAJA attorney fees and expenses in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 16 17 18 Respectfully submitted, 19 Dated: September 5, 2019 /s/ Shellie Lott SHELLIE LOTT 20 Attorney for Plaintiff 21 McGREGOR W. SCOTT 22 United States Attorney DEBORAH L. STACHEL 23 Regional Chief Counsel, Region IX 24 Date: September 5, 2019 /s/ Marcelo Illarmo 25 (As authorized via email on 9/5/19) MARCELO ILLARMO 26 Special Assistant United States Attorney 27 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 X BRANCH 10 RUBEN EDUARDO GARIBAY, Case No.: 2:18-cv-01226-AC 11 Plaintiff, vs ORDER FOR THE AWARD OF 13 ATTORNEY FEES PURSUANT TO THE 4 ANDREW SAUL, EQUAL ACCESS TO JUSTICE ACT, 28 . . . . USS.C. § 2412(d) Acting Commissioner of Social Security, 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 FIVE-HUNDRED dollars ($7,500.00), are 20 awarded to Plaintiff, subject to the terms of the stipulation. 21 IT IS SO ORDERED. 22 93 || DATED: September 5, 2019 ~ 24 Attun—Clane ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 26 27 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-cVv-01226-AC PAGE 3