Alowdi v. Kijakazi

United States District Court for the Northern District of California

Alowdi v. Kijakazi

Trial Court Opinion

2 1939 Harrison St, Suite 120 Oakland, CA 94612 3 Ph: 510.465.0018 Fax: 510.217.3979 Email: [email protected] 4 Attorney for Plaintiff, MANSOOR ALOWDI 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 MANSOOR ALOWDI, 10 Plaintiff, CIVIL NO. 4:21-cv-5584- HSG 11 v. STIPULATION AND ORDER 12 APPROVING SETTLEMENT OF KILOLO KIJAKAZI, ATTORNEY FEES PURSUANT TO THE 13 Commissioner of Social Security, EQUAL ACCESS TO JUSTICE ACT 14 Defendant 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 18 Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

(d), in the amount of SEVEN 19 THOUSAND EIGHT HUNDRED DOLLARS ($7,800). This amount represents compensation 20 for all legal services rendered on behalf of Plaintiff by Plaintiff’s counsel, Katherine R.

21 Siegfried (Plaintiff’s Attorney) in connection with this civil action, in accordance with 28 U.S.C. 22 §§ 1920, 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government 23 will consider the matter of Plaintiff's assignment of EAJA fees to Plaintiff's Attorney. Pursuant 24 to Astrue v. Ratliff,

560 US 586

(2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 2 determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if 3 the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the 4 government shall cause the payment of fees to be made directly to Katherine Siegfried, pursuant 5 to the assignment executed by Plaintiff. Any payments made shall be delivered to the Law 6 Office of Katherine Siegfried. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 8 attorney fees and expenses and does not constitute an admission of liability on the part of 9 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 10 11 complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s Attorney, 12 including the Law Office of Katherine Siegfried, may have relating to EAJA attorney fees and 13 expenses in connection with this action. This award is without prejudice to the rights of 14 Katherine Siegfried to seek attorney fees under

42 U.S.C. § 406

, subject to the savings 15 provisions of the EAJA. 16 Date: August 10, 2022 KATHERINE SIEGFRIED 17 Law Office of Katherine Siegfried, Esq. 18 19 By: /s/ Katherine Siegfried Katherine Siegfried 20 Attorney for the Plaintiff 21 Date: August 10, 2022 STEPHANIE HINDS United States Attorney 22 23 By: /s/ Caspar Chan 24 CASPAR CHAN Special Assistant United States Attorney 25 Attorneys for Defendant (As authorized per email) 1 2 3 4 5 6 ORDER 4 PURSUANT TO STIPULATION, EQUAL ACCESS TO JUSTICE (EAJA) FEES ARE 8 |ORDERED IN THE AMOUNT OF $7,800. 9 | Dated:8/12/2022 Abauprrd 3 Abl_l. Hon. Haywood S. Gilliam Jr. 11 UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STIPULATION FOR EAJA FEES 21-cv-5584-HSG

Reference

Status
Unknown