(SS) Aguilar v. Commissioner of Social Security ( 2023 )

1 TERRY LaPORTE, ESQ. SBN 88669 LaPorte Law Firm 2 2570 N First Street, 2nd Floor San Jose, CA 95131 3 Phone: (408) 293-8810 Fax: (408) 292-7673 4 Email: terry@laportelawfirm.com 5 Attorney for Plaintiff, Alma Aguilar 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ALMA AGUILAR, ) 9 ) CASE NO. 1:22-cv-01014-BAM Plaintiff, ) 10 ) 11 ) STIPULATION AND PROPOSED ORDER v. ) APPROVING COMPROMISE 12 ) SETTLMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL ACCESS 13 KILOLO KIJAKAZI, ) TO JUSTICE ACT 14 Acting Commissioner of Social Security ) ) 15 Defendant. ) 16 ) 17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 18 subject to approval by the Court, that Plaintiff’s attorney Terry LaPorte receive the following 19 payment: 20 1. The defendant shall pay SIX THOUSAND NINE HUNDRED AND THIRTY-ONE 21 DOLLARS AND TWO CENTS, ($6931.02) pursuant to the Equal Access to Justice 22 Act (EAJA), 28 U.S.C. § 2412(d) for attorney’s fees (including costs) incurred in this Court action. This amount represents compensation for all legal services rendered on 23 behalf of Plainiff by counsel in connection with this civil action, in accordance with 28 24 U.S.C. § 2412(d). 25 2. After the Court issues an order for EAJA fees to Defendant, the government will consider 26 the matter of Alma Aguilar’s assignment of EAJA fees to Terry LaPorte. Pursuant to 27 Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will 28 depend on whether the fees are subject to any offset allowed under the United States 1 Deparmtnet of the Treasury’s Offset Program. After the order of EAJA fees are entered, 2 the government will determine wehther they are subject to any offset. If the Department 3 of Treasury determines that Alma Aguilar does not owe a federal debt, the check is to be payable to Terry LaPorte, Plainiff’s counsel. 4 3. This is a settlement of Plaintiff’s request for attorney’s fees pursuant to EAJA, and does 5 not constitute an admission of liability of fault on the part of Defendant under the Equal 6 Access of Justice Act. 7 4. Payment of the SIX THOUSAND NINE HUNDRED AND THIRTY-ONE 8 DOLLARS AND TWO CENTS, ($6931.02) EAJA attorney’s fees incurred in this 9 Court action, will constitute a complete release from and bar to any and all claims, rights, 10 causes of action, liens or subrogated interests relating to attorney’s fees pursuant to EAJA 11 as a result of this Court action. 12 13 Dated: 04/26/2023 /s/ Terry LaPorte TERRY LAPORTE, ESQ. 14 Attorney for Plaintiff 15 16 Dated: 04/27/2023 /s/ Marcelo Illarmo Marcelo Illarmo 17 Special Assistant United States Attorney 18 19 ORDER 20 Based on the parties’ stipulation, IT IS ORDERED that attorneys’ fees (including costs) in the 21 amount of six thousand nine hundred thirty-one dollars and two cents, ($6,931.02), as authorized 22 by 28 U.S.C. § 2412(d), be awarded subject to the terms of the above-referenced Stipulation. 23 24 IT IS SO ORDERED. 25 26 Dated: May 3, 2023 /s/ Barbara A. McAuliffe _ 27 UNITED STATES MAGISTRATE JUDGE 28