Opinion
Civil Action No. 1:12-cv-00120-AWI-BAM
12-17-2012
RANDY DEARDEN, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
Sengthiene Bosavanh, Esq. #24980 Milam Law, Inc. Attorney for Plaintiff, Randy Dearden
Sengthiene Bosavanh, Esq. #24980
Milam Law, Inc.
Attorney for Plaintiff, Randy Dearden
STIPULATION AND ORDER
SETTLING ATTORNEY'S FEES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel that, subject to the approval of the Court, Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of Four Thousand Dollars Sixty-Five Dollarsand Zero Cents ($4,065.00) ($4,000.00 for Attorneys fees and $65.00 for Expenses). 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. § 2412(d).
After the Court issues an Order for EAJA Fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of Treasury's Offset Program. After Order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of the fees and expenses to be made directly to attorney Sengthiene Bosavanh, pursuant to the assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff's counsel.
This stipulation constitutes a compromise settlement of Plaintiffs request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff, and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
Respectfully submitted,
Sengthiene Bosavanh
(As authorized via email)
SENGTHIENE BOSAVANH
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
______________
Armand Roth, Esq.
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
Pursuant to the above stipulation, IT IS HEREBY ORDERED that Plaintiff shall be awarded attorney fees and expenses in the amount of FOUR THOUSAND DOLLARS SIXTY FIVE DOLLARS AND ZERO CENTS ($4,065.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. In light of the parties' stipulation, Plaintiff's Motion for Attorney Fees filed December 10, 2012, is rendered moot.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE