Davis v. Saul

1 NICHOLAS A. TRUTANICH United States Attorney District of Nevada ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8942 Facsimile: (415) 744-0134 E-Mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RANDY DAVIS, ) ) Case No.: 3:19-cv-00402-MMD-WGC 12 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 13 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) §2412(d), AND COSTS PURSUANT TO 15 ) 28 U.S.C. § 1920 Defendant. ) 16 ) ) 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Randy Davis be awarded attorney fees and expenses in the amount of four thousand four hundred and forty-nine dollars and fifty-three cents ($4,449.53) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

26 // 11 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

77 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 the payment of fees, expenses and costs to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff.

1100 Any payments made shall be delivered to counsel, Melissa A. Palmer.

1111 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1122 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 1133 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 1144 all claims that Plaintiff Randy Davis and/or Melissa A. Palmer, including Olinsky Law Group, may 1155 have relating to EAJA attorney fees in connection with this action.

1166 This award is without prejudice to the rights of Melissa A. Palmer and/or Olinsky Law Group 1177 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 1188 provisions of the EAJA.

1199 This stipulation resolves the matters raised in the Motion for Attorney’s Fees filed on March 2200 25, 2020 (Dkt. No. 16).

2211 2222 Dated: April 1, 2020 Respectfully submitted, 2233 OLINSKY LAW GROUP 2244 /s/ Melissa A. Palmer MELISSA A. PALMER 2255 (*as authorized via email on April 1, 2020) Attorney for Plaintiff 2266 || Dated: April 1, 2020 Respectfully submitted, 3 NICHOLAS A. TRUTANICH United States Attorney /s/ Allison J. Cheung 5 ALLISON J. CHEUNG Special Assistant United States Attorney 6 Attorneys for Defendant 10 IT IS SOORDERED: fA Cn 11 Z (Sh a HON. MIRANDA M. DU 12 UNITED STATES DISTRICT COURT JUDGE DATED: April 1, 2020 14 TO 11 CERTIFICATE OF SERVICE 22 I, Allison J. Cheung, certify that the following individual(s) were served with a copy of the foregoing STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the date, and via the method of service, identified below: CM/ECF: Melissa Palmer 99 [email protected] Attorney for Plaintiff 1100 1111 Hal Taylor [email protected] 1122 Attorney for Plaintiff 1133 Dated: April 1, 2020 1144 /s/ Allison J. Cheung 1155 ALLISON J. CHEUNG Special Assistant United States Attorney 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266