Filed: Aug. 27, 2013
Latest Update: Aug. 27, 2013
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; ORDER THEREON SHEILA K. OBERTO, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Laurie L. Wellington be awarded attorney fees and expenses in the amount of TWO THOUSAND FIFTY dollars ($2,050) under the Equal Access to Justice
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; ORDER THEREON SHEILA K. OBERTO, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Laurie L. Wellington be awarded attorney fees and expenses in the amount of TWO THOUSAND FIFTY dollars ($2,050) under the Equal Access to Justice A..
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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; ORDER THEREON
SHEILA K. OBERTO, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Laurie L. Wellington be awarded attorney fees and expenses in the amount of TWO THOUSAND FIFTY dollars ($2,050) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 Laurie L. Wellington, the government will consider the matter of Laurie L. Wellington's assignment of EAJA fees to Brian C. Shapiro. 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 Laurie L. Wellington, but if the Department of the Treasury determines that Laurie L. Wellington 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 Laurie L. Wellington. United States v. $186,416.00, ___ F.3d ___ (9th Cir. July 17, 2013). Any payments made shall be delivered to Brian C. Shapiro.
This stipulation constitutes a compromise settlement of Laurie L. Wellington'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 Laurie L. Wellington and/or Brian C. Shapiro 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 Brian C. Shapiro 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
Pursuant to the parties' August 26, 2013, stipulation set forth above, IT IS HEREBY ORDERD that fees and expenses in the amount of $2,050.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the stipulation.
IT IS SO ORDERED.
