Filed: May 01, 2015
Latest Update: May 01, 2015
Summary: STIPULATION AND ORDER AWARDING PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) BARBARA A. McAULIFFE , Magistrate Judge . TO THE HONORABLE BARBARA A. MCALUIFFE, 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 Frank Martinez be awarded attorney fees and expenses in the amount of THREE THOUSAND TWO HUNDRED dollars ($3,200) under the
Summary: STIPULATION AND ORDER AWARDING PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) BARBARA A. McAULIFFE , Magistrate Judge . TO THE HONORABLE BARBARA A. MCALUIFFE, 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 Frank Martinez be awarded attorney fees and expenses in the amount of THREE THOUSAND TWO HUNDRED dollars ($3,200) under the ..
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STIPULATION AND ORDER AWARDING PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
BARBARA A. McAULIFFE, Magistrate Judge.
TO THE HONORABLE BARBARA A. MCALUIFFE, 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 Frank Martinez be awarded attorney fees and expenses in the amount of THREE THOUSAND TWO HUNDRED dollars ($3,200) 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 Frank Martinez, the government will consider the matter of Frank Martinez'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 Frank Martinez, but if the Department of the Treasury determines that Frank Martinez 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 Frank Martinez. United States v. $186,416.00, 722 F.3d 1173, 1176 (9th Cir. 2013) ($186,416.00 II) (ordering fees paid to counsel because of an assignment that did not interfere with a raised superior lien).1 Any payments made shall be delivered to Brian C. Shapiro.
This stipulation constitutes a compromise settlement of Frank Martinez'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 Frank Martinez 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
Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses filed on April 23, 2015 (Doc. 17) ("the Stipulation"), IT IS ORDERED that fees and expenses in the amount of $3,200.00 as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation.
IT IS SO ORDERED.
