Rinear v. Saul
Rinear v. Saul
Trial Court Opinion
1 Hal Taylor, Esq. Of Counsel, Olinsky Law Group 2 NV Bar No.: 4399 2551 West Lakeridge Shores 3 Reno, NV 89519 Telephone: 775-825-2223 4 Facsimile: 775-329-1113 Email: [email protected] 5 Attorney for Plaintiff, Tracy Lynn Rinear 6
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF NEVADA
9 TRACY LYNN RINEAR, ) 10 ) Case No.: 2:20-cv-01557-BNW Plaintiff, ) 11 ) STIPULATION FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 13 Acting Commissioner of Social Security, ) § 2412(d) ) 14 Defendant. ) ) 15 )
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17 18 19 20 21 22 23 24 25 26 11 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 22 subject to the approval of the Court, that Plaintiff Tracy Lynn Rinear be awarded attorney fees in the 33 amount of six thousand nine hundred fifty-three dollars and nineteen cents ($6,953.19) under the 44 Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412(d). No costs are sought under
28 U.S.C. § 551920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by 66 counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 1920; 2412(d). 77 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 88 matter of Plaintiff’s assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 99
560 U.S. 586, 598,
130 S.Ct. 2521,
177 L.Ed.2d 91(2010), the ability to honor the assignment will 1100 depend on whether the fees are subject to any offset allowed under the United States Department of 1111 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 1122 determine whether they are subject to any offset. 1133 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1144 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 1155 expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 1166 Any payments made shall be delivered to Olinsky Law Group. Any payment of costs may be made 1177 either by electronic fund transfer (EFT) or by check. 1188 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 1199 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 2200 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 2211 all claims that Plaintiff and/or Olinsky Law Group and Hal Taylor may have relating to EAJA attorney 2222 fees in connection with this action. 2233 // 2244 // 2255 2266 1 This award is without prejudice to the rights of Hal Taylor and/or Olinsky Law Group to seek 2 || Social Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of 3 || the EAJA. 4 5 6 |} Dated: June 21, 2022 Respectfully submitted, 7 OF COUNSEL, OLINSKY LAW GROUP 8 /s/ Hal Taylor HAL TAYLOR 9 Attorney for Plaintiff 10 11 || Dated: June 21, 2022 Respectfully submitted, 12 CHRISTOPHER CHIOU B Acting United States Attorney District of Nevada 14 Nevada Bar No. 14853 15 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 16 160 Spear Street, Suite 800 San Francisco, California 94105 17 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 18 *(as authorized by email on June 21, 2022)* E-Mail: allison.cheung @ ssa.gov 19 Attorneys for Defendant 20 21 IT IS SO ORDERED: 22 apn □□ weber | 23 HON. BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 24 DATED: June 22, 2022
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11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 33 business address is 250 South Clinton Street, Syracuse, NY 13202. On the date set forth below, I caused service of STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 44 PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d) on the 55 following parties by electronically filing the foregoing with the Clerk of the District Court using its 66 ECF System, which provides electronic notice of the filing: 77
88 Allison J. Cheung [email protected] 99 Attorney for Defendant
1100 I declare under penalty of perjury that the foregoing is true and correct.
1111 Dated: June 21, 2022
1122 /s/ Hal Taylor 1133 HAL TAYLOR Attorney for Plaintiff 1144 Of Counsel, Olinsky Law Group 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266
Reference
- Status
- Unknown