Martin v. Saul ( 2022 )

1 Katherine R. Siegfried, SBN 250558 Law Office of Katherine Siegfried 2 1939 Harrison St, Suite 120 Oakland, CA 94612 3 Ph: 510.465.0018 Fax: 510.217.3979 Email: kat@siegfriedlegal.com 4 Attorney for Plaintiff, DAWN MARTIN 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 DAWN MARTIN, 10 Plaintiff, CIVIL NO. 4:20-cv-7754-HSG 11 v. STIPULATION AND ORDER FOR THE 12 AWARD AND PAYMENT OF ATTORNEY KILOLO KIJAKAZI, Acting FEES AND EXPENSES PURSUANT TO 13 Commissioner of Social Security, THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS 14 PURSUANT TO 28 U.S.C. § 1920 Defendant 15 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 19 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of NINE THOUSAND 20 FIVE HUNDRED DOLLARS ($9,500) and costs in the amount of FOUR HUNDRED AND 21 TWO DOLLARS ($402) under 28 U.S.C. § 1920. This amount represents compensation for all 22 legal services rendered on behalf of Plaintiff by Plaintiff’s counsel, Katherine R. Siegfried 23 (Plaintiff’s Attorney) in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 24 2412(d). Plaintiff was the prevailing party in this matter, and her net worth is less than two 25 million dollars. 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 2 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's Attorney. Pursuant to Astrue v. 3 Ratliff, 560 US 586 (2010), the ability to honor the assignment will depend on whether the fees 4 are subject to any offset allowed under the United States Department of the Treasury’s Offset 5 Program. After the order for EAJA fees is entered, the government will determine whether they 6 are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the 7 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees to be made directly to Katherine Siegfried, pursuant to the assignment 9 executed by Plaintiff. Any payments made shall be delivered to the Law Office of Katherine 10 Siegfried. 11 12 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 13 attorney fees and expenses and does not constitute an admission of liability on the part of 14 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 15 complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s Attorney, 16 including the Law Office of Katherine Siegfried, may have relating to EAJA attorney fees and 17 expenses in connection with this action. 18 This award is without prejudice to the rights of Katherine Siegfried to seek attorney fees 19 under 42 U.S.C. § 406, subject to the savings provisions of the EAJA. 20 21 22 Date: November 30, 2022 KATHERINE SIEGFRIED Law Office of Katherine Siegfried, Esq. 23 By: /s/ Katherine Siegfried 24 Katherine Siegfried 25 Attorney for the Plaintiff 1 Date: November 30, 2022 STEPHANIE HINDS United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation 4 5 By: /s/ David Priddy (as authorized by email) DAVID PRIDDY 6 Special Assistant United States Attorney 7 Attorney for Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice 3 | Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $9,500.00 , |as authorized by 28 U.S.C. § 2412, and costs in the amount of $402.00 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. Alespnd 5, □□□ □□□ Dated: 12/2/2022 . . / Hon. HAYWOOD S. GILLIAM, JK: UNITED STATES JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION FOR EAJA FEES AND COSTS 20-cv-7754-HSG