Baglio v. Berryhill ( 2020 )

ANDREA BANKS, SBN 275286 1 BAY AREA LEGAL AID 1735 Telegraph Ave. 2 Oakland, CA 94612 abanks@baylegal.org 3 Phone: (510) 250-5232 Fax: (510) 663-4740 4 Attorney for Plaintiff 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 7 KERRIE BAGLIO, CIVIL NO. 4:18-cv-04294-HSG 8 STIPULATION AND PROPOSED ORDER Plaintiff, APPROVING SETTLEMENT OF 9 v. ATTORNEY FEES PURSUANT TO THE ANDREW M. SAUL, EQUAL ACCESS TO JUSTICE ACT, 28 10 Commissioner of Social Security, U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 11 Defendant 12 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 13 counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the 14 amount of $9,000.00under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero 15 dollars ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. This amount represents 16 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 17 this civil action, in accordance with 28 U.S.C. §§ 2412(d), 1920. 18 After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any 19 assignment of EAJA fees toBay Area Legal Aid, the law firm ofPlaintiff’s counsel. Pursuant to 20 Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will 21 depend on whether the fees are subject to any offset allowed under the United States Department 22 of the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will 23 determine whether they are subject to any offset. 24 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 25 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 1 made directly to Bay Area Legal Aid, pursuant to any assignment executed by Plaintiff. Any 2 payments made shall be delivered to Bay Area Legal Aid. 3 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 4 attorney fees and does not constitute an admission of liability on the part of Defendant under the 5 |EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 6 |and all claims that Plaintiff and/or Plaintiffs counsel, including Bay Area Legal Aid, may have 7 |relating to EAJA attorney fees in connection with this action. This award is without prejudice to 8 rights of Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 9 | subject to the savings clause provisions of the EAJA, although Bay Area Legal Aid has waived 10 | their right to claim any fees under 42 U.S.C. $406(b). 11 Respectfully submitted, 12 Dated: August 13, 2020 /s/ Andrea Banks 13 ANDREA BANKS 14 Attorney for Plaintiff 15 Dated: August 13, 2020 /s/ Marcelo Illarmo* 16 *As authorized via email August 13, 2020 MARCELO ILLARMO 17 Attorney for Defendant 18 19 ORDER 20 | Pursuant to the Stipulation, IT IS SO ORDERED. 21 22 |DATE: 8/20/2020 3 hdl |). Hon. Hayward S. Gilliam Jr. 23 U.S. District Court Judge 24 25 STIPULATION AND PROPOSED ORDER FOR EAJA FEES — 4:18-cv-04294-HSG 2