Filed: May 02, 2014
Latest Update: May 02, 2014
Summary: STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. 2412(d)] CAROLYN K. DELANEY, Magistrate Judge. THE PARTIES STIPULATE through their undersigned counsel that the Court's order of April 22, 2014, granting plaintiff's motion for attorney fees under the Equal Access to Justice Act may be withdrawn and this stipulation and order substituted therefor. THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, tha
Summary: STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. 2412(d)] CAROLYN K. DELANEY, Magistrate Judge. THE PARTIES STIPULATE through their undersigned counsel that the Court's order of April 22, 2014, granting plaintiff's motion for attorney fees under the Equal Access to Justice Act may be withdrawn and this stipulation and order substituted therefor. THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, that..
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STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. §2412(d)]
CAROLYN K. DELANEY, Magistrate Judge.
THE PARTIES STIPULATE through their undersigned counsel that the Court's order of April 22, 2014, granting plaintiff's motion for attorney fees under the Equal Access to Justice Act may be withdrawn and this stipulation and order substituted therefor.
THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, that plaintiff be awarded attorney fees in the amount of Four Thousand Six Hundred Dollars ($4,600.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for all legal services rendered by counsel for plaintiff in this civil action and in accordance with that statute.
Upon the Court's order, defendant will consider the assignment of those EAJA fees pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed under the United States Department of Treasury's Offset Program. Fees shall be made payable to plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by plaintiff and will deliver the payment to said counsel.
This stipulation constitutes a compromise settlement of plaintiff's request for EAJA fees and not an admission of liability of defendant under the EAJA. Payment of this agreed amount shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees relating to this action. This award is without prejudice to plaintiff's counsel's right to fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.
ORDER
GOOD CAUSE APPEARING from the foregoing stipulation, the Court's Order of April 22, 2014, concerning EAJA fees is withdrawn, and IT IS ORDERED that defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation.
