(SS)Padilla Najera v. Commissioner of Social Security ( 2020 )

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration Allison J. Cheung, CSBN 244651 4 Special Assistant United States Attorney Assistant Regional Counsel 5 Social Security Administration, Region IX 6 160 Spear Street, Suite 800 San Francisco, California 94105 7 Tel: (415) 977-8942 Fax: (415) 744-0134 8 E-mail: allison.cheung@ssa.gov Attorneys for Defendant 9 10 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 11 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 12 Fresno, CA 93721 13 Telephone: 559-439-9700 Facsimile: 559-439-9700 14 info@jonathanpena.com Attorney for Plaintiff, Juan Padilla Najera 15 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 17 FRESNO DIVISION 18 Juan Padilla Najera, Case No. 1:18-cv-01629-EPG 19 Plaintiff, STIPULATION AND ORDER FOR THE 20 AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 21 28 U.S.C. § 2412(d) Andrew Saul, Commissioner of Social 22 Security, 23 Defendant. 24 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE UNITED 25 STATES DISTRICT COURT: 26 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that 27 Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, THREE HUNDRED AND 1 TWENTY ONE DOLLARS AND 53/100, $6,321.53, under the Equal Access to Justice Act (EAJA), 2 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for 3 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 4 accordance with 28 U.S.C. § 2412(d). 5 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 6 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 7 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 8 whether the fees are subject to any offset allowed under the United States Department of the 9 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 10 whether they are subject to any offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 12 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 13 expenses to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any 14 15 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and 17 does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. 18 Payment of SIX THOUSAND, THREE HUNDRED AND TWENTY ONE DOLLARS AND 53/100, 19 $6,321.53, in EAJA attorney fees shall constitute a complete release from, and bar to, any and all 20 claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney 21 fees in connection with this action. 22 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act 23 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 24 Respectfully submitted, 25 26 Dated: December 6, 2019 /s/ Jonathan O. Peña 27 1 J ONATHAN O. PEÑA Attorney for Plaintiff 2 3 Dated: January 3, 2020 McGREGOR W. SCOTT United States Attorney 4 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 5 Social Security Administration 6 By: _*_Allison J. Cheung 7 Allison J. Cheung Special Assistant U.S. Attorney 8 Attorneys for Defendant (*Permission to use electronic signature 9 obtained via email on 01/03/2020) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 } ORDER 2 In accordance with the above stipulation, and finding good cause to approve same, IT IS 3 ORDERED that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, THREE 4 HUNDRED AND TWENTY ONE DOLLARS AND 53/100, $6,321.53, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920 in accordance with the 6 conditions set forth in the above stipulation. This amount represents compensation for all legal ’ services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 10 IT IS SO ORDERED. 11 Dated: _January 6, 2020 [Jee hey UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-