(SS) Cardenas v. Commissioner of Social Security ( 2022 )

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration ALLISON J. CHEUNG, CSBN 244651 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 7 E-Mail: allison.cheung@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 ) Case No.: 1:21-cv-00456-EPG MARIA LUZ FIGUEROA CARDENAS, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 ) § 2412(d), AND COSTS PURSUANT TO KILOLO KIJAKAZI, ) 28 U.S.C. § 1920; ORDER 17 Acting Commissioner of Social Security, ) ) 18 ) Defendant. ) 19 20 21 IT IS HEREBY STIPULATED by and between the parties through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff Maria Luz Figueroa Cardenas be 23 awarded attorney fees and expenses in the amount of seven thousand five hundred dollars 24 ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the 25 amount of $402.00 under 28 U.S.C. § 1920. This amount represents compensation for all legal 26 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 27 accordance with 28 U.S.C. §§ 1920, 2412(d). 28 // After the Court issues an order for EAJA fees to Plaintiff, the government will consider 1 the matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan Peña. Pursuant to Astrue 2 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 3 assignment will depend on whether the fees are subject to any offset allowed under the United 4 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 5 the government will determine whether they are subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause the 8 payment of fees, expenses, and costs to be made directly to Jonathan Peña, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to counsel Jonathan 10 Peña. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 12 attorney fees, and does not constitute an admission of liability on the part of Defendant under 13 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 14 from, and bar to, any and all claims that Plaintiff Maria Luz Figueroa Cardenas, Jonathan Peña, 15 and/or Dolly M. Trompeter, including Peña and Bromberg, PLC, may have relating to EAJA 16 attorney fees in connection with this action. 17 This award is without prejudice to the rights of Jonathan Peña, Dolly M. Trompeter, 18 and/or Peña and Bromberg, PLC to seek Social Security Act attorney fees under 42 U.S.C. 19 § 406(b), subject to the savings clause provisions of the EAJA. 20 This stipulation is intended to terminate the motion at Dkt. No. 19. 21 22 Respectfully submitted, 23 Dated: June 2, 2022 PENA & BROMBERG, PLC 24 /s/ Jonathan Peña* 25 (*as authorized via email on June 2, 2022) 26 JONATHAN PENA Attorney for Plaintiff 27 28 Dated: June 2, 2022 PHILLIP A. TALBERT 1 United States Attorney 2 Peter K. Thompson Acting Regional Chief Counsel, Region IX 3 Social Security Administration 4 By: /s/ Allison J. Cheung 5 ALLISON J. CHEUNG Special Assistant U.S. Attorney 6 Attorneys for Defendant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Based upon the parties’ stipulation (ECF No. 21), IT IS HEREBY ORDERED that: 3 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412, attorneys’ fees in the 4 amount of $7,500.00 and costs in the amount of $402.00 are awarded subject to the 5 terms of the stipulation; and 6 2. Plaintiff's motion for attorneys’ fees pursuant to the Equal Access to Justice Act 7 (ECF No. 19) is DENIED as moot. 8 IT IS SO ORDERED. 9 10 |] Dated: _June 2, 2022 _ [sf very UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. & Order for EAJA.; 1:21-cv-00456-EPG