Juan Antonio Salinas v. Frank J. Bisignano

• Court: District Court, E.D. California
• Decided: November 10, 2025
• Docket: 1:24-cv-01344
• Status: Unknown

Opinion

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 3467 W. Shaw Ave., Ste 100 4 Fresno, CA 93711 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Juan Antonio Salinas 7

8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11

12 Juan Antonio Salinas, Case No. 1:24-cv-01344-SKO

13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES AND 15 EXPENSES PURSUANT TO THE 16 Frank J. Bisignano1, EQUAL ACCESS TO JUSTICE ACT, 28 COMMISSIONER OF SOCIAL U.S.C. § 2412(d) AND COSTS PURSUANT 17 SECURITY, TO 28 U.S.C. § 1920; ORDER 18 Defendant. (Doc. 18) 19

20 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 23 attorney fees and expenses in the amount of SIX THOUSAND TWO HUNDRED AND 24 00/100 ($6,200.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 25

26 1 Frank J. Bisignano became the Commissioner of Social Security on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank J. Bisignano should be substituted for 27 Leland Dudek as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 and costs in the amount of FOUR HUNDRED AND FIVE dollars ($405) under 28 2 U.S.C. §1920. This amount represents compensation for all legal services rendered on 3 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 4 U.S.C. §§ 1920, 2412(d). 5 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 6 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. 9 Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this 10 Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program 11 (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to 12 Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, 13 the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to 14 his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset 15 16 under the Treasury Offset Program, and (3) agrees to waive the requirements of the 17 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney, 18 JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & BROMBERG, PC. 19 However, if there is a debt owed under the Treasury Offset Program, the Commissioner 20 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining 21 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made 22 out to Plaintiff, but delivered to Plaintiff’s attorney, JONATHAN O. PEÑA- 23 MANCINAS at the firm, PEÑA & BROMBERG, PC. 24 This stipulation constitutes a compromise settlement of Plaintiff’s request for 25 EAJA attorney fees, and does not constitute an admission of liability on the part of 26 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute 27 a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel 1 including Counsel’s firm may have relating to EAJA attorney fees in connection with 2 this action. 3 The parties further agree that the EAJA award is without prejudice to the right of 4 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42 5 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 6 2412(c)(1) (2006). 7 Respectfully submitted, 8 9 Dated: November 7, 2025 /s/ Jonathan O. Peña 10 J ONATHAN O. PEÑA 11 Attorney for Plaintiff

12 Dated: November 7, 2025 ERIC GRANT 13 United States Attorney 14 MATHEW W. PILE Head of Program Litigation 1 15 Law & Policy 16 Social Security Administration

17 By: _*_Margaret Branick-Abilla 18 Margaret Branick-Abilla Special Assistant U.S. Attorney 19 Attorneys for Defendant 20 (*Permission to use electronic signature obtained via email on November 7, 2025). 21

22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ foregoing Stipulation and Unopposed Motion for Award 3 of EAJA Fees (“Stipulation”) (Doc. 18), IT IS ORDERED that Plaintiff Juan Antonio 4 Salinas be awarded attorney fees and expenses in the amount of SIX THOUSAND 5 TWO HUNDRED AND 00/100 ($6,200.00) under the Equal Access to Justice Act 6 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED AND 7 FIVE dollars ($405) under 28 U.S.C. § 1920, subject to the terms and conditions of the 8 Stipulation.

9 IT IS SO ORDERED. 10 Dated: November 10, 2025 /s/ Sheila K. Oberto . 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27