Trimm v. Saul, 18-510. (2019)
Court: District Court, N.D. New York
Number: infdco20190726e08
Visitors: 6
Filed: Jul. 22, 2019
Latest Update: Jul. 22, 2019
Summary: JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT DAVID E. PEEBLES , Magistrate Judge . Plaintiff and Defendant, by their respective counsel, stipulate to an award to Plaintiff in the amount of $6,800.00 in fees and $400.00 for costs, for a total award of $7,200.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA) in the above case. This award of fees and costs will satisfy all of
Summary: JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT DAVID E. PEEBLES , Magistrate Judge . Plaintiff and Defendant, by their respective counsel, stipulate to an award to Plaintiff in the amount of $6,800.00 in fees and $400.00 for costs, for a total award of $7,200.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA) in the above case. This award of fees and costs will satisfy all of P..
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JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
DAVID E. PEEBLES, Magistrate Judge.
Plaintiff and Defendant, by their respective counsel, stipulate to an award to Plaintiff in the amount of $6,800.00 in fees and $400.00 for costs, for a total award of $7,200.00 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA) in the above case. This award of fees and costs will satisfy all of Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Any fees paid belong to Plaintiff, not her attorney, and can be offset to satisfy pre-existing debt that the litigant owes the United States under Astrue v. Ratliff, 560 U.S. 586 (2010). Plaintiff and Defendant jointly move that the Court award Plaintiff $7,200.00 in full satisfaction and settlement of any and all claims under the EAJA.
After the court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, the Defendant agrees to direct that the award be made payable to Plaintiff's attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. This stipulation represents a compromise in position and is not intended to set a precedent for any specific hourly rate.
Dated: New York, New York Respectfully submitted,
July 22, 2019
VICTORIA COLLINS GRANT C. JAQUITH
Attorney for Plaintiff United States Attorney
By: Victoria Collins1 James Desir
Conboy, McKay, Bachman & Kendall, LLP Assistant United States Attorney
307 State Street Bar No. 520684
Carthage, New York 26 Federal Plaza, Room 3904
Phone: (315) 493-0030 New York, NY 10278
Fax: (315) 493-7549 Phone: (212) 264-2510
vcollins@cmbk.com Fax: (212) 264-6372
james.desir@ssa.gov
FootNotes
1. Signed for Ms. Collins with consent given to Special Assistant U.S. Attorney James Desir.
Source: Leagle
