George v. Saul ( 2020 )

1 LAUREN MELYNN JOHNSON, SBN 322318 BAY AREA LEGAL AID 2 1735 Telegraph Ave. Oakland, CA 94612 3 ljohnson@baylegal.org Phone: (510) 250-5203 4 Fax: (510) 663-4740 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Tiara Lanae George, CIVIL NO. 3:19-cv-08320-VC Plaintiff, 11 v. 12 STIPULATION AND PROPOSED ORDER 13 Andrew Saul, Commissioner of Social APPROVING SETTLEMENT OF Security, ATTORNEY FEES PURSUANT TO THE 14 Defendant EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT 15 TO 28 U.S.C. § 1920 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of 18 $10,000 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero dollars 19 ($00.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. This amount represents compensation 20 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. §§ 2412(d), 1920. 22 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider any 23 assignment of EAJA fees to Plaintiff’s counsel, Bay Area Legal Aid. Pursuant to Astrue v. Ratliff, 24 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on whether 25 the fees are subject to any offset allowed under the United States Department of the Treasury's Offset 26 27 1 Program. After the order for EAJA fees is entered, the Government will determine whether they are 2 subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made 5 directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to any assignment executed by 6 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Bay Area Legal Aid, 1735 7 Telegraph Ave., Oakland, CA 94612. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees and does not constitute an admission of liability on the part of Defendant under the EAJA. 10 Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims 11 that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in connection with 12 this action. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 13 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA, 14 although Bay Area Legal Aid has waived their right to claim any fees under 42 U.S.C. §406(b). 15 16 Respectfully submitted, 17 18 Dated: November 9, 2020 By: /s/ Lauren M. Johnson____________ Lauren M. Johnson 19 Bay Area Legal Aid 20 Attorney for Plaintiff 21 22 Dated: November 9, 2020 By: /s/ Amanda Schapel_______________ *As authorized via email November 9, 2020 23 Amanda Schapel Special Assistant United States Attorney 24 Attorney for Defendant 25 26 27 1 [PROPOSED] ORDER 2 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 3 Ss SS DIL AUS 4 Dated: November 10,2020 By: {yO 7“ 5 Hon. Judge, ppROvVED — Z 6 7: Ria ee oO dge Vince SD) 7 A= AN) xd Ly 8 VORTRICLS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28