Moreno v. Kijakazi

United States District Court for the Northern District of California

Moreno v. Kijakazi

Trial Court Opinion

1 Katherine R. Siegfried, SBN 250558 Law Office of Katherine Siegfried 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, JUAN MORENO 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 JUAN MORENO, 8 Plaintiff, CIVIL NO. 23-cv-4263-HSG 9 v. STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 10 MARTIN O’MALLEY, FEES AND EXPENSES PURSUANT Commissioner of Social Security, TO THE EQUAL ACCESS TO 11 JUSTICE ACT,

28 U.S.C. § 2412

(d); ORDER 12 Defendant 13 IT IS HEREBY STIPULATED by and between the parties through their undersigned 14 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 15 Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

(d), in the amount of SEVEN 16 17 THOUSAND FOUR HUNDRED AND THIRTY-SIX DOLLARS ($7,436). This amount 18 represents compensation for all legal services rendered on behalf of Plaintiff by Plaintiff’s 19 counsel, Katherine R. Siegfried (Plaintiff’s Attorney) in connection with this civil action, in 20 accordance with

28 U.S.C. §§ 1920

, 2412(d). Plaintiff was the prevailing party in this matter, 21 and his net worth is less than two million dollars. (ECF Doc. 2). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's Attorney. Pursuant to Astrue v. 24 Ratliff,

560 US 586

(2010), the ability to honor the assignment will depend on whether the fees 25 are subject to any offset allowed under the United States Department of the Treasury’s Offset 1 |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 4 the payment of fees to be made directly to Katherine Siegfried, pursuant to the assignment 5 executed by Plaintiff. Any payments made shall be delivered to the Law Office of Katherine 6 Siegfried. 4 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 8 9 attorney fees and expenses and does not constitute an admission of liability on the part of

19 | Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 41 |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 provisions of the EAJA. 16 Date: January 25, 2024 17 By: ket Sabi _ atherine Siegfried 18 Attorney for the Plaintiff 19 January 25, 2024 ISMAIL RAMSEY United States Attorney 20 By: /s/Erin Highland (as authorized by email) Erin Highland Special Assistant United States Attorney Attorney for Defendant

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23-cv-4263-HSG

1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 Costs, and Expenses, IT IS ORDERED that fees in the amount of SEVEN THOUSAND , |FOUR HUNDRED AND THIRTY-SIX DOLLARS ($7,436) be awarded subject to the terms of the Stipulation.

Dated: 1/30/2024 . on. Haywood S. Gilliam, Jr. UNITED STATES DISTRICT COURT JUDGE

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23-cv-4263-HSG

Reference

Status
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