1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 3 (916) 488-3030 (916) 489-9297 fax 4 Attorney for Plaintiff 5 SAMUEL ALFREDO BRAVO GARCIA 6

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9 UNITED STATES DISTRICT COURT

10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 -o0O0o-

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14 SAMUEL ALFREDO BRAVO GARCIA, ) Case No. 2:22-cv-01682-JDP ) 15 Plaintiff, ) ) STIPULATION AND 16 v. ) PROPOSED ORDER 17 ) APPROVING SETTLEMENT Kilolo Kijakazi, ACTING ) OF ATTORNEY FEES UNDER 18 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT [

(d)] 19 ) 20 Defendant. ) ____________________________________) 21 22 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 23 Court, that plaintiff be awarded attorney fees in the amount of Four Thousand Two Hundred 24 25 Fifty dollars ($4,250.00) under the Equal Access to Justice Act,

(d) and that 26 there will be no award of costs. This will represent compensation for all legal services rendered 27 by counsel for plaintiff in this civil action and in accordance with that statute. 28 1 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 2 pursuant to Astrue v. Ratliff,

(2010), considering any offsets allowed 3 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 4 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 5 6 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 7 plaintiff and will deliver the payment to said counsel. 8 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 9 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 10 11 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 12 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 13

(b), subject to the savings clause provisions of the EAJA. 14

15 Dated: August 23, 2023 /s/ Jesse S. Kaplan 16 17 JESSE S. KAPLAN Attorney for Plaintiff 18 19 Dated: August 24, 2023 /s/ per email authorization 20 TIMOTHY A. RAZEL 21 Special Assistant U.S. Attorney Attorney for Defendant 22

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1 ORDER 2 GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that 3 defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. 5 || Plaintiffs motion for attorney’s fees, ECF No. 22, is denied as moot. 6 ’ IS SO ORDERED. 8 Dated: __ August 29, 2023 o_—— 10 JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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