Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: STIPULATION AND [ PROPOSED ] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) EDMUND F. BRENNAN , Magistrate Judge . TO THE HONORABLE EDMUND F. BRENNAN, 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 Andrey Motenko be awarded attorney fees in the amount of THREE THOUSAND dollars ($3,000) un
Summary: STIPULATION AND [ PROPOSED ] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) EDMUND F. BRENNAN , Magistrate Judge . TO THE HONORABLE EDMUND F. BRENNAN, 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 Andrey Motenko be awarded attorney fees in the amount of THREE THOUSAND dollars ($3,000) und..
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STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
EDMUND F. BRENNAN, Magistrate Judge.
TO THE HONORABLE EDMUND F. BRENNAN, 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 Andrey Motenko be awarded attorney fees in the amount of THREE THOUSAND dollars ($3,000) 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 Andrey Motenko, the government will consider the matter of Andrey Motenko's assignment of EAJA fees to Jesse Kaplan. The retainer agreement containing the assignment is attached hereto as an exhibit. 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 Andrey Motenko, but if the Department of the Treasury determines that Andrey Motenko does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Jesse Kaplan, pursuant to the assignment executed by Andrey Motenko.1 Any payments made shall be delivered to Jesse Kaplan.
This stipulation constitutes a compromise settlement of Andrey Motenko'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 Andrey Motenko and/or Jesse Kaplan may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Jesse Kaplan to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
Respectfully submitted,
Date: January 15, 2020 By: /s/Jesse S. Kaplan*
JESSE S. KAPLAN
Attorney for Plaintiff
(*By e-mail authorization on 01/15/20)
Dated: January 15, 2020 McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
/s/ Donna W. Anderson
DONNA W. ANDERSON
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
The Stipulation is approved. The Clerk is directed to terminate ECF No. 18.
So Ordered.
