(SS) Rodriguez v. Commissioner of Social Security ( 2021 )

HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4 5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 GLORIA RODRIGUEZ, No. 2:20-cv-1982 DB 10 Plaintiff, STIPULATION AND ORDER FOR 11 AWARD OF EAJA FEES vs. 12 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant 15 16 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 17 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 18 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of two thousand, 19 thirty dollars and fifty-three cents ($2,030.53), and costs pursuant to 28 U.S.C. 1920, in the 20 amount of four hundred dollars ($400.00). This amount represents compensation for all legal 21 services rendered on behalf of Plaintiff by her counsel in connection with this civil action, in 22 accordance with 28 U.S.C. 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 25 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 28 determine if it is subject to any offset. 1 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant 4 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 5 counsel Joseph C. Fraulob. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 7 attorney fees and does not constitute an admission of liability on the part of Defendant under the 8 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 10 connection with this action. 11 DATE: October 19, 2021 By /s/ Joseph Clayton Fraulob 12 JOSEPH CLAYTON FRAULOB 13 Attorney for plaintiff 14 DATE: October 19, 2021 PHILLIP A. TALBERT 15 United States Attorney 16 By /s/ Marcelo Illarmo 17 (*as authorized via e-mail) 18 MARCELO ILLARMO Assistant Regional Counsel 19 Attorneys for Defendant 20 21 ORDER 22 23 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 24 DATED: November 4, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 25 26 27 28