Rosales v. Saul

Angelina Valle (100410) Attorney at Law 1671 The Alameda, Suite 311 San Jose, CA 95126 (408)881-0200 (408)881-0208 (fax) [email protected] Attorney for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

__________________________________________

) CIVIL No. 3:19-cv-05573-SK

FRANK ROSALES, )

) Plaintiff, ) STIPULATION AND ORDER

) APPROVING SETTLEMENT OF

vs. ) ATTORNEY FEES PURSUANT

) TO THE EQUAL ACCESS TO

ANDREW M. SAUL, COMMISSIONER ) JUSTICE ACT, 28 U.S.C. § OF SOCIAL SECURITY, ) 2412(d)

) Defendant. )

__________________________________________)

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND SIX HUNDRED DOLLARS ($6,600) 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. § 2412(d).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (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 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 fees to be made directly to Plaintiff’s attorney Angeline Valle pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and expenses, 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 Plaintiff and/or Plaintiff’s counsel, including Plaintiff’s counsel’s firm, 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 and/or Plaintiff’s counsel’s firm to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

Date: March 22, 2021 Respectfully submitted,

/s Angelina Valle Angelina Valle Attorney at Law 1671 The Alameda, Suite 311 San Jose, CA 95126 (408) 881-0200 [email protected] Attorney for Plaintiff PAUL ANTHONY MARTIN Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration

Date: March 24, 2021 /s/ Marla Kendall Letellier

Marla Kendall Letellier

Office of the Regional Chief Counsel,

Region IX

Social Security Administration

160 Spear Street, Suite 800 San Francisco, CA 94105

(415) 415-977-8928 Attorneys for Defendant (as authorized by email dated March 23, 2021) ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of SIX THOUSAND SIX HUNDRED DOLLARS ($6,600) as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. ! The parties are admonished that they are required to email proposed orders in Microsoft Word format with all motions or stipulations requesting Court action to [email protected]. Dated: March 26, 2021 Apthas kaw

ONORABLE SALLIE KIM

UNITED STATES MAGISTRATE JUDGE

No, 3:19-cv-05573-SK