The opinion
1 PHILLIP A. TALBERT
United States Attorney
2 PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel, Region IX
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Social Security Administration
4 MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
5 160 Spear Street, Suite 800
San Francisco, California 94105
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Telephone: (415) 977-8944
7 Facsimile: (415) 744-0134
Email: Marcelo.Illarmo@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ESTEBAN LOPEZ, ) Case No. 2:20-cv-00360-AC
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Plaintiff ) STIPULATION AND PROPOSED
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) ORDER FOR AWARD OF ATTORNEY’S
14 v. ) FEES UNDER THE EQUAL ACCESS TO
) JUSTICE ACT (EAJA)
15 KILOLO KIJAKAZI, )
Acting Commissioner of Social Security, )
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)
17 Defendant )
)
18 ____________________________________)
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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
20 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and expenses
21 under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of five
22 thousand dollars ($5,000.00), and no costs under 28 U.S.C. § 1920. This amount represents
23 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). Accordingly, should this Court award
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fees and expenses under EAJA pursuant to this stipulation, Plaintiff’s motion for attorney fees (ECF
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28) would be moot.
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
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matter of any assignment of EAJA fees by Plaintiff to her counsel Kelsey Brown (Counsel). Pursuant
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to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor
1 the assignment will depend on whether the fees are subject to any offset allowed under the United
2 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.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
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and costs to be made directly to Counsel pursuant to an assignment executed by Plaintiff. Any
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payments made shall be delivered to Counsel.
7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
8 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any
10 and all claims that Plaintiff and/or Counsel, including his firm, may have relating to EAJA attorney
fees in connection with this action.
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This award is without prejudice to the rights of Kelsey Brown to seek Social Security Act
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attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA .
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15 Respectfully submitted,
16 Dated: April 21, 2022
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By: /s/ Kelsey Brown*
18 KELSEY BROWN
By email authorization on 4/21/22
19 Attorney for Plaintiff
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21 Dated: April _21, 2022 PHILLIP A. TALBERT
United States Attorney
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By: /s/ Marcelo Illarmo
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MARCELO ILLARMO
24 Special Assistant United States Attorney
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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Ac
2 Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $5,000.00 as
° authorized by 28 U.S.C. § 2412, and no costs as authorized by 28 U.S.C. § 1920, be awarded subject
to the terms of the Stipulation. Furthermore, Plaintiff's motion for attorney fees (ECF 28) is denied
° as moot.
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, ||DATED: April 21, 2022 Lhttwdrr— Chane
ALLISON CLAIRE
8 UNITED STATES MAGISTRATE JUDGE
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Lopez v. Kijakazi Stipulation and Proposed Order E.D. Cal. 2:20-cv-00360-AC