(SS) Garcia v. Commissioner of Social Security ( 2024 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 9 REINALDO GARCIA, Case No. 1:22-cv-01205-EPG 10 11 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER 13 MARTIN O’MALLEY1, Commissioner of Social Security, (ECF No. 30) 14 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of NINE THOUSAND ONE HUNDRED DOLLARS and 00/100 ($9,100.00) under the Equal Access 19 to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 20 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf of 21 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 22 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 24 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 25 26 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to 27 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 further action need be taken to continue this suit by reason of the last sentence 1 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 2 whether the fees are subject to any offset allowed under the United States Department of the 3 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 4 whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 6 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 7 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 8 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 9 Additionally, any payment of costs under 28 U.S.C. §1920 may be made either by electronic fund 10 transfer (ETF) or by check. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 12 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 13 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 14 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 15 attorney fees in connection with this action. 16 The Motion for EAJA Fees (Doc. No. 28) is withdrawn. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 18 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 19 EAJA. 20 Respectfully submitted, 21 22 Dated: February 22, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 23 Attorney for Plaintiff 24 25 Dated: February 26, 2024 PHILLIP A. TALBERT United States Attorney 26 MATHEW W. PILE Associate General Counsel 27 Office of Program Litigation Social Security Administration 1 By: _*_Caspar I. Chan 2 Caspar I. Chan Special Assistant U.S. Attorney 3 Attorneys for Defendant (*Permission to use electronic signature 4 obtained via email on Feb. 26, 2024). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (ECF No. 30), IT IS ORDERED that fees and expenses in the amount of NINE ‘ THOUSAND ONE HUNDRED DOLLARS and 00/100 ($9,100.00) as authorized by the Equal > Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), are awarded subject to the terms of the 6 Stipulation. And given the Stipulation, the Clerk of Court is directed to terminate Plaintiff's motion fo 7 attorney fees (ECF No. 28) as no longer pending. IT IS SO ORDERED. 9 10 || Dated: _ February 27, 2024 [Je hey UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-