(SS) Romero Bribiesca v. Commissioner of Social Security ( 2024 )

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Jaime Romero Bribiesca 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Jaime Romero Bribiesca, Case No. 1:22-cv-01216-SKO 13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES 15 AND EXPENSES PURSUANT TO THE 16 Martin O’Malley1, Commissioner of EQUAL ACCESS TO JUSTICE ACT; Social Security, ORDER 17 18 Defendant. (Doc. 26) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of TEN THOUSAND FIVE-HUNDRED 23 DOLLLARS and 00/100 ($10,500.00) under the Equal Access to Justice Act (EAJA), 24 25 1 Martin O’Malley became the Commissioner of Social Security on December 26 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No 27 further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. 2 §1920. This amount represents compensation for all legal services rendered on behalf of 3 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 4 §§ 1920, 2412(d). 5 After the Court issues an order for EAJA fees to Plaintiff, the government will 6 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 7 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 8 to honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury’s Offset Program. After 10 the order for EAJA fees is entered, the government will determine whether they are 11 subject to any offset. 12 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 13 determines that Plaintiff does not owe a federal debt, then the government shall cause 14 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 15 the assignment executed by Plaintiff. Any payments made shall be delivered and 16 made payable to Plaintiff’s counsel, Jonathan O. Peña. Additionally, any payment of 17 costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or 18 by check. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for 20 EAJA attorney fees, and does not constitute an admission of liability on the part of 21 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 22 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 23 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 24 connection with this action. 25 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 26 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 27 savings clause provisions of the EAJA. 1 Respectfully submitted, 2 Dated: February 14, 2024 /s/ Jonathan O. Peña 3 J ONATHAN O. PEÑA 4 Attorney for Plaintiff 5 Dated: February 14, 2024 PHILLIP A. TALBERT 6 United States Attorney 7 MATHEW W. PILE Associate General Counsel 8 Office of Program Litigation 9 Social Security Administration 10 By: _*_Krystle S. McMullan 11 Krystle S. McMullan Special Assistant U.S. Attorney 12 Attorneys for Defendant 13 (*Permission to use electronic signature obtained via email on February 14, 2024). 14 15 ORDER 16 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the 17 Award and Payment of Equal Access to Justice Act Fees and Expenses (the 18 19 “Stipulation”) (Doc. 26), 20 IT IS ORDERED that fees and expenses in the amount of TEN THOUSAND 21 FIVE-HUNDRED DOLLLARS and 00/100 ($10,500.00) as authorized by the Equal 22 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of 24 the Stipulation. 25 26 27 IT IS SO ORDERED. 1 Dated: February 15, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27