1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 3467 W. Shaw Ave., Ste 100 Fresno, CA 93711 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: [email protected] 6 Attorney for Plaintiff, Boyd Mike Overman

7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION

10 Boyd Mike Overman, Case No. 1:23-cv-01455-SKO 11 Plaintiff, STIPULATION AND UNOPPOSED MOTION 12 FOR THE AWARD AND PAYMENT OF v. ATTORNEY FEES AND EXPENSES 13 PURSUANT TO THE EQUAL ACCESS TO Martin O’Malley1, Commissioner of Social JUSTICE ACT; ORDER 14 Security, 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of EIGHT THOUSAND DOLLARS AND 00/100 ($8,000.00) under the Equal Access to Justice Act 19 (EAJA),

(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. 20 §1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by 21 counsel in connection with this civil action, in accordance with

, 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 23 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff,

, 24 25 598,

,

(2010), the ability to honor the assignment will depend on 26 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the 27 Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security 1 whether the fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 3 whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 5 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 6 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 7 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 8 Additionally, any payment of costs under

may be made either by electronic fund 9 transfer (ETF) or by check. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 11 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 12 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 13 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 14 attorney fees in connection with this action. 15 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 16 Security Act attorney fees under

(b), subject to the savings clause provisions of the 17 EAJA. 18 Respectfully submitted, 19

20 Dated: July 8, 2024 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 21 Attorney for Plaintiff 22 23 Dated: July 8, 2024 PHILLIP A. TALBERT United States Attorney 24 MATHEW W. PILE Associate General Counsel 25 Office of Program Litigation Social Security Administration 26

27 By: _*_Noah Schabacker Noah Schabacker 1 Special Assistant U.S. Attorney Attorneys for Defendant 2 (*Permission to use electronic signature obtained via email on July 8, 2024). 3

4

5 ORDER

6 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 7 Fees and Expenses (the “Stipulation”) (Doc. 23), 8 IT IS ORDERED that fees and expenses in the amount of EIGHT THOUSAND DOLLARS 9 AND 00/100 ($8,000.00) as authorized by the Equal Access to Justice Act (EAJA),

11 2412(d), and costs in the amount of ZERO dollars ($0.00) under

, be awarded subject 12 to the terms of the Stipulation. 13 IT IS SO ORDERED. 14

15 Dated: July 9, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 16

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