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

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 (916) 488-3030 3 (916) 489-9297 fax 4 Attorney for Plaintiff 5 MARIE GILLIT 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA -o0O0o- 11 12 13 MARIE GILLIT, ) No. 2:19-cv-01542-KJN(SS) 14 ) 15 Plaintiff, ) ) STIPULATION AND 16 v. ) ORDER ) APPROVING SETTLEMENT 17 Kilolo Kijakazi ) OF ATTORNEY FEES UNDER 18 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT [28 U.S.C. 19 §2412(d)] ) 20 Defendant. ) 21 ____________________________________) 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 Ten Thousand ($10,000.00) under 25 the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. 26 This will represent compensation for all legal services rendered by counsel for plaintiff in this 27 civil action, including Ninth Circuit case no. 20-17123, and in accordance with that statute. 28 1 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 2 pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed 3 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 4 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 5 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 6 7 plaintiff and will deliver the payment to said counsel. 8 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 9 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 10 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 11 12 relating to this action, including Ninth Circuit case no. 20-17123. This award is without 13 prejudice to plaintiff’s counsel’s right to fees under 42 U.S.C. §406(b), subject to the savings 14 clause provisions of the EAJA. 15 16 Dated: November 9, 2021 /s/ Jesse S. Kaplan 17 18 JESSE S. KAPLAN Attorney for Plaintiff 19 20 Dated: November 9, 2021 /s/ per email authorization 21 SHEA BOND 22 Special Assistant U.S. Attorney 23 Attorney for Defendant 24 25 26 27 28 1 ORDER ° GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that defendant pay plaintiff's attorney fees of $10,000.00 under the EAJA in accordance with this 5 || stipulation. 6 || Dated: November 16, 2021 4 8 FresiQ Newser 9 | aise UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Pleading Title] - 3