Cox v. Saul

Opinion

1 NICHOLAS A. TRUTANICH United States Attorney 2 District of Nevada 3 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 4 160 Spear Street, Suite 800 San Francisco, California 94105 5 Telephone: (415) 977-8942 Facsimile: (415) 744-0134 6 E-Mail: allison.cheung@ssa.gov 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 LATRINA COX, ) ) Case No.: 2:19-cv-01591-VCF 12 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 13 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 U.S.C. Commissioner of Social Security, ) §2412(d) 15 ) Defendant. ) 16 ) ) 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 20 subject to the approval of the Court, that Plaintiff Latrina Cox be awarded attorney fees and expenses 21 in the amount of five thousand four hundred thirty-two dollars and eighty-five cents ($5,432.85) under 22 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 23 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 24 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 25 // 26 // 11 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to Olinsky Law Group. Pursuant to Astrue v. Ratliff, 33 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 44 depend on whether the fees are subject to any offset allowed under the United States Department of 55 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 66 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 88 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and 99 expenses to be made directly to Olinsky Law Group, pursuant to the assignment executed by Plaintiff. 1100 Any payments made shall be delivered to counsel, Matthew R. McGarry. 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 Latrina Cox and/or Matthew R. McGarry, 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 Matthew R. McGarry and/or Olinsky Law 1177 Group 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 2200 Dated: April 22, 2020 Respectfully submitted, 2211 OLINSKY LAW GROUP 2222 /s/ Matthew R. McGarry MATTHEW R. MCGARRY 2233 (*as authorized via email on April 22, 2020) Attorney for Plaintiff 2244 2255 2266 11 22 Dated: April 22, 2020 Respectfully submitted, 33 NICHOLAS A. TRUTANICH United States Attorney 44 /s/ Allison J. Cheung 55 ALLISON J. CHEUNG Special Assistant United States Attorney 66 Attorneys for Defendant 77 88 99 IT IS SO ORDERED: 1100 1111 HON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 1122 1133 DATED: ____4 _-2 _2 _- _2 _0 _2 _0 ________________ 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 11 CERTIFICATE OF SERVICE 22 I, Allison J. Cheung, certify that the following individual(s) were served with a copy of the 33 foregoing STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 44 EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 55 on the date, and via the method of service, identified below: 66 CM/ECF: 77 Matthew R. McGarry 88 mmcgarry@windisability.com Attorney for Plaintiff 99 1100 Hal Taylor haltaylorlawyer@gbis.com 1111 Attorney for Plaintiff 1122 Dated: April 22, 2020 1133 /s/ Allison J. Cheung 1144 ALLISON J. CHEUNG Special Assistant United States Attorney 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266