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Affonso v. Berryhill, 1:15-CV-01167-GSA. (2017)

Court: District Court, E.D. California Number: infdco20170316890 Visitors: 11
Filed: Mar. 15, 2017
Latest Update: Mar. 15, 2017
Summary: STIPULATION AND ORDER FOR ATTORNEYS FEES AND EXPENSES PURSUANT TO 28 U.S.C. 2412(d) (Doc. 28) GARY S. AUSTIN , Magistrate Judge . The parties agree that Plaintiff is entitled to an award of attorney's fees and expenses to be paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The parties agree that an award of attorney's fees in the amount of $6,000, costs in t
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STIPULATION AND ORDER FOR ATTORNEYS FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412(d)

(Doc. 28)

The parties agree that Plaintiff is entitled to an award of attorney's fees and expenses to be paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

The parties agree that an award of attorney's fees in the amount of $6,000, costs in the amount of $400.00 and expenses in the amount of $8.19, for a total of $6,408.19, shall be awarded to Plaintiff as a settlement amount.

If it is determined that Plaintiff's EAJA fees and expenses are not subject to any offset allowed under the Department of the Treasury's Offset Program, then the check for EAJA fees shall be made payable to Kelsey Mackenzie Brown, based upon Plaintiff's assignment of these amounts to Plaintiff's attorney. The check for costs should be made payable to Mackenzie Legal, PLLC.

The parties agree that whether these checks are made payable to Plaintiff, or to Kelsey Mackenzie Brown, they shall be mailed to Plaintiff's attorney at the following address: Mackenzie Legal, PLLC, c/o Kelsey M Brown, 1003 Whitman Street, Tacoma, WA 98406.

ORDER

EAJA fees and costs pursuant to 28 U.S.C. § 2412(d) in the amount of $6,408.19 shall be paid to Plaintiff in accordance with the stipulation of the parties as outlined above. (Doc. 30). In light of the stipulation, Plaintiff's Motion for Attorney's fees filed on February 20, 2017 (Doc. 28) is denied as moot. All briefing dates related to the motion are vacated.

IT IS SO ORDERED.

Source:  Leagle

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