Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: Stipulation and Order Awarding Attorney Fees and Expenses ECF No. 22 JENNIFER DORSEY , District Judge . TO THE HONORABLE JENNIFER A. DORSEY, DISTRICT JUDGE OF THE UNITED STATES DISTRICT COURT IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Tracy A. Horstkotter be awarded attorney fees in the amount of four thousand five hundred dollars ($4,500.00) under the Equal Acces to Justice Act (EAJA), 28 U.S.C. 2412(
Summary: Stipulation and Order Awarding Attorney Fees and Expenses ECF No. 22 JENNIFER DORSEY , District Judge . TO THE HONORABLE JENNIFER A. DORSEY, DISTRICT JUDGE OF THE UNITED STATES DISTRICT COURT IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Tracy A. Horstkotter be awarded attorney fees in the amount of four thousand five hundred dollars ($4,500.00) under the Equal Acces to Justice Act (EAJA), 28 U.S.C. 2412(d..
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Stipulation and Order Awarding Attorney Fees and Expenses
ECF No. 22
JENNIFER DORSEY, District Judge.
TO THE HONORABLE JENNIFER A. DORSEY, DISTRICT JUDGE OF THE UNITED STATES DISTRICT COURT
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Tracy A. Horstkotter be awarded attorney fees in the amount of four thousand five hundred dollars ($4,500.00) under the Equal Acces to Justice Act (EAJA), 28 U.S.C. § 2412(d) 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 Tracy A. Horstkotter, the government will consider the matter of Tracy A. Horstkotter's assignment of EAJA feeS. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010 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 Tracy A. Horstkotter, but if the Department of the Treasury determines that Tracy A. Horstkotter does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Marc V. Kalagian, pursuant to the assignment executed by Tracy A. Horstkotter.1 Any payments made shall be delivered to Rohlfing & Kalagian.
This stipulation constitutes a compromise settlement of Tracy A. Horstkotter'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 Tracy A. Horstkotter and/or Young Cho, Marc V. Kalagian including Rohlfing & Kalagian may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Young Cho, Marc V. Kalagian and/or Rohlfing & Kalagian to seek Social Security Act attorney fees under 42 U.S.C. § 406(b) subject to the savings clause provisions of the EAJA.
ORDER
IT IS SO ORDERED.
