1 KEVIN LaPORTE, ESQ. SBN 291008 LaPorte Law Firm 2 1999 Harrison St., 18th Floor Oakland, CA 94612 3 Phone: (510) 208-4525 Fax: (510) 369-2074 4 Email: [email protected]

5 Attorney for Plaintiff, Roberto Abalos

6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7

8 ROBERTO ABALOS, ) ) CIVIL NUMBER: 3:24-cv-04849 9 ) Plaintiff, ) 10 ) 11 ) STIPULATION AND [PROPOSED] ORDER v. ) APPROVING COMPROMISE 12 ) SETTLMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL ACCESS 13 CAROLYN COLVIN, ) TO JUSTICE ACT 14 Acting Commissioner of Social Security ) ) 15 Defendant. ) 16 )

17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 18 subject to approval by the Court, that Plaintiff’s attorney Kevin LaPorte receive the following 19 payment: 20 1. The defendant shall pay SEVEN THOUSAND FIVE HUNDRED DOLLARS, 21 ($7,500.00) pursuant to the Equal Access to Justice Act (EAJA),

(d) for 22 attorney’s fees (including costs) incurred in this Court action. This amount represents 23 compensation for all legal services rendered on behalf of Plainiff by counsel in connection with this civil action, in accordance with

(d). 24 2. After the Court issues an order for EAJA fees to Defendant, the government will consider 25 the matter of Roberto Abalos’s assignment of EAJA fees to Kevin LaPorte. Pursuant to 26 Astrue v. Ratliff,

(2010), the ability to honor the assignment will 27 depend on whether the fees are subject to any offset allowed under the United States 28 Department of the Treasury’s Offset Program. After the order of EAJA fees are entered, 1 the government will determine wehther they are subject to any offset. If the Department 2 of Treasury determines that Roberto Abalos does not owe a federal debt, the check is to 3 be payable to Kevin LaPorte, Plainiff’s counsel. 4 3. This is a settlement of Plaintiffs request for attorney’s fees pursuant to EAJA, and does 5 not constitute an admission of liability of fault on the part of Defendant under the Equal 6 Access of Justice Act. 4. Payment of the SEVEN THOUSAND FIVE HUNDRED DOLLARS, ($7,500.00) 7 EAJA attorney’s fees incurred in this Court action, will constitute a complete release from 8 and bar to any and all claims, rights, causes of action, liens or subrogated interests relating 9 to attorney’s fees pursuant to EAJA as a result of this Court action. 10 11 Dated: January 16, 2025 /s/ Kevin LaPorte 42 Kevin LaPorte, ESQ. Attorney for Plaintiff 13 14 || Dated: January 16, 2025 /s Frederick Fripps Frederick Fripps 18 (authorized by email) Special Assistant United States Attorney 16 Attorneys for Defendant 17 18 ORDER 19 50 PURSUANT TO STIPULATION, IT IS ORDERED that Plainiff be awarded attorney fees in 21 ||the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS, ($7,500.00) as authorized by 22 1/

(d), subject to the terms of the above-referenced Stipulation. 23 IT IS SO ORDERED: 24 25 26 . Dated: January 17, 2025 77a □□ Att) 27 Li Cisne ed States Magistrate Judge

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1 KEVIN LaPORTE, ESQ. SBN 291008 LaPorte Law Firm 2 1999 Harrison St., 18th Floor Oakland, CA 94612 3 Phone: (510) 208-4525 Fax: (510) 369-2074 4 Email: [email protected]

5 Attorney for Plaintiff, Roberto Abalos

6

7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8

9 ROBERTO ABALOS, ) ) CIVIL NUMBER: 3:24-cv-04849 10 Plaintiff, ) ) 11 ) PLAINITFF’S AFFIDVAIT AND v. ) ASSIGNMENT OF ATTORNEY’S FEES 12 ) PURSUANT TO THE EQUAL ACCESS 13 ) TO JUSTICE ACT CAROLYN COLVIN, ) 14 Acting Commissioner of Social Security ) ) 15 Defendant. ) ) 16

17 Roberto Abalos, being fist duly sworn, on oath states: 18 1. I am the Plaintiff in the above-captioned action. 19 20 2. At the time this action was begun, my net worth was less than two million dollars. 21 3. I hereby assign any entitlement that I may have to a fee under the Equal Access to Justice 22 Act (EAJA),

(d), to my attorney Kevin LaPorte. I acknowledge that the 23 fee compensates my attorney for representing me before the United States District Court. 24 Therefore, I ask that the EAJA award be made payable to Kevin LaPorte and not me as 25 Plaintiff. 26 27 EAJA MOTION 28 CASE NO. 3:24-CV-04849 1 4. WHEREFOR, | assign any right or interest I may have in the award of an EAJA fee and 2 understand that the EAJA award shall be paid to my attorney Kevin LaPorte, to ° compensate counsel for the work performed on this case in the U.S. District Court. 4 5 6 7 KP lhetoy 9 Roberto Abalos, Plaintiff 10 |} 11 ||Subscribed and sworn to before me Ih 1025 STATE OF CALIFORNIA county or > 4 V [4 CALA 12 || This Gr H day of JAWARY _ 2034 Oe et ae oe ( tele igs 13 proved to me on the basis of satisfactory evidepta Tivbe he person s) who appeared before me. Ly | ates _——— 14 A Notary aaiic or after oftjocr (Signature of Notary) the eat of te avid who signed 15 stashed hed an nt he ues, om — ZAP. PANAGIOTIS GEORGE NANOPOULOS 16 = Loti Notary Public - California | = Rest Santa Clara County z SPs) Commission # 2502486 17 1| { a>” my Comm. Expires Nov 16, 2028 } ————— ~ 18 Nt75 7 IS i | Notary Publicy State of California 20 commission expires: Vevewpee lo 2026 21 || 22 | 23 24 mo 26

EAJA MOTION ~~ || CASE NO, 3:24-CV-04849