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

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 3 (916) 488-3030 (916) 489-9297 fax 4 Attorney for Plaintiff 5 DONALD McLEMORE FOR M.M. 6 7 8 9 UNITED STATES DISTRICT COURT 10 11 FOR THE EASTERN DISTRICT OF CALIFORNIA -o0O0o- 12 13 14 DONALD McLEMORE o/b/o, ) No. 2:18-cv-00107-KJN 15 M.M., ) ) 16 Plaintiff, ) 17 ) STIPULATION AND v. ) ORDER 18 ) APPROVING SETTLEMENT Andrew Saul, ) OF ATTORNEY FEES UNDER 19 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO 20 SECURITY, ) JUSTICE ACT [28 U.S.C ) §2412(d)] 21 Defendant. ) ____________________________________) 22 23 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 24 25 Court, that plaintiff be awarded attorney fees in the amount of Five Thousand Six Hundred Fifty- 26 Four dollars and Sixty-Nine Cents ($5,654.69) under the Equal Access to Justice Act, 28 U.S.C. 27 28 1 §2412(d) and that there will be no award of costs. This will represent compensation for all legal 2 services rendered by counsel for plaintiff in this civil action and in accordance with that statute. 3 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 4 pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), considering any offsets allowed 5 6 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 7 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 8 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 9 plaintiff and will deliver the payment to said counsel. 10 11 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 12 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 13 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 14 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 15 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 16 17 18 Dated: October 11, 2019 /s/ Jesse S. Kaplan 19 JESSE S. KAPLAN 20 Attorney for Plaintiff 21 Dated: October 11, 2019 /s/ per email authorization 22 23 FRANCESCO BENAVIDES Special Assistant U.S. Attorney 24 Attorney for Defendant 25 26 27 28 1 ORDER ° GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that defendant pay plaintiffs attorney fees pursuant to the EAJA in accordance with this stipulation. 5 Plaintiffs previously filed motion for fees is dismissed as moot. 6 || Dated: October 17, 2019 4 Frees Aharon g |fmetet07 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28