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

Jennifer Dunn, Esq. 1 Pro Hac Vice Attorney for Plaintiff 2 MA Bar ID. 667726 Dunn Law, PLLC 3 890 Winter Street, Suite 230 4 Waltham, MA 02451 Phone: 781-478-7081 5 Fax: 781-478-7406 6 jdunn@dunnlawfirmpllc.com 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 JOSE JUAN LUGO, ) ) 10 Plaintiff, ) vs. ) Case No.: 2:24-cv-00885-JDP 11 ) 12 MARTIN O’MALLEY, ) Commissioner of the ) STIPULATION FOR ALLOWANCE OF 13 Social Security Administration, ) FEES AND COSTS UNDER THE EQUAL 14 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 Defendant. ) [PROPOSED] ORDER 15 ____________________________________) 16 Plaintiff and Defendant, the Commissioner of Social Security, hereby agree and stipulate 17 that Plaintiff shall be awarded attorney fees in the amount of $5,750.00 (five-thousand seven- 18 hundred fifty dollars and zero cents) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 19 20 2412(d), and costs in the amount of zero dollars ($0) under 28 U.S.C. § 1920. This amount 21 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 22 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). Such award is 23 made in full and final satisfaction (upon payment) of any and all claims under the EAJA for fees, 24 expenses, and costs. 25 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 27 matter of Plaintiff’s assignment of EAJA fees to Jennifer Dunn (Counsel). Pursuant to Astrue v. 28 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United 1 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 3 government will determine whether they are subject to any offset. Fees shall be made payable to 4 Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal 5 debt, then the government shall cause the payment of fees, expenses and costs to be made directly 6 to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be 7 8 delivered to Counsel. Payments may be made by electronic fund transfer (EFT) or by check. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or Counsel including Dunn Law, PLLC, may have 13 14 relating to EAJA attorney fees in connection with this action. 15 Respectfully submitted, 16 17 PHILLIP A. TALBERT1 United States Attorney, 18 19 /s/ Mary Tsai MARY TSAI 20 Special Assistant United States Attorney Office of Program Litigation, Office 7 21 Attorneys for Defendant 22 23 For the Plaintiff, 24 /s/ Jennifer L. Dunn 25 JENNIFER L. DUNN Pro Hac Vice Counsel for the Plaintiff 26 Dated: September 3, 2024 27 28 1 Defendant’s counsel, Special Assistant United States Attorney, consented to Plaintiff’s Attorney signing on their behalf, as authorized via e-mail on September 3, 2024. ORDER 4 Pursuant to the parties’ stipulation, IT IS SO ORDERED that Plaintiff shall be awarded 4 attorney fees in the amount of $5,750.00 (five-thousand seven-hundred fifty dollars and zero 5 cents) under the Equal Access to Justice Act (““EAJA”), 28 U.S.C. § 2412(d), and costs in the 6 amount of zero dollars ($0) under 28 U.S.C. § 1920, subject to the terms and conditions of the stipulation. 7 8 5 IT IS SO ORDERED. 10 | | 1 Tw — Dated: _ September 4, 2024 q——— 11 JEREMY D. PETERSON 1 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28