Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) AND COSTS PURSUANT TO 28 U.S.C. 1920 BARBARA A. McAULIFFE , Magistrate Judge . TO THE HONORABLE BARBARA A. McAULIFFE, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Zackery Allen Holmberg be awarded attorney fees and expenses in the amou
Summary: STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) AND COSTS PURSUANT TO 28 U.S.C. 1920 BARBARA A. McAULIFFE , Magistrate Judge . TO THE HONORABLE BARBARA A. McAULIFFE, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Zackery Allen Holmberg be awarded attorney fees and expenses in the amoun..
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STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920
BARBARA A. McAULIFFE, Magistrate Judge.
TO THE HONORABLE BARBARA A. McAULIFFE, MAGISTRATE JUDGE OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Zackery Allen Holmberg be awarded attorney fees and expenses in the amount of Four Thousand Eight Hundred dollars ($4,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).
After the Court issues an order for EAJA fees to Zackery Allen Holmberg, the government will consider the matter of Zackery Allen Holmberg's assignment of EAJA fees to Denise Bourgeois Haley. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.
Fees shall be made payable to Zackery Allen Holmberg, but if the Department of the Treasury determines that Zackery Allen Holmberg does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment executed by Zackery Allen Holmberg.1 Any payments made shall be delivered to Denise Bourgeois Haley.
This stipulation constitutes a compromise settlement of Zackery Allen Holmberg's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Zackery Allen Holmberg and/or Denise Bourgeois Haley including Law Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Denise Bourgeois Haley and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
ORDER
Based upon the parties' stipulation for the award of attorney fees under the Equal Access to Justice Act filed on December 7, 2017, IT IS HEREBY ORDERED that fees in the amount of four thousand eight hundred dollars ($4,800.00) as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the stipulation.
IT IS SO ORDERED.
