Gutierrez v. Commissioner of Social Security
Filing
18
ORDER granting stipulation for award of fees pursuant to this equal access to Justice Act. Order signed by Magistrate Judge Dennis L. Beck on 5/11/2010. (Hernandez, M)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On May 10, 2010, the parties submitted a stipulation for the award and payment of attorney 19 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Accordingly, it is ORDERED 20 that Marc V. Kalagian, as Plaintiff's counsel and assignee, be awarded attorney fees, costs and 21 expenses under the EAJA in the amount of TWO THOUSAND NINE HUNDRED DOLLARS 22 ($2,900.00). This amount represents compensation for all legal services rendered by Marc V. 23 Kalagian on behalf of Plaintiff in connection with this civil action, in accordance with 28 U.S.C. § 24 2412(d). 25 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 26 fees, costs, and expenses, and does not constitute an admission of liability on the part of Defendant 27 28 1 ) ) ) ) Plaintiff, ) ) ) vs. ) ) ) MICHAEL J. ASTRUE, Commissioner of ) Social Security, ) ) Defendant. ) ____________________________________) DORA GUTIERREZ, 1:09cv0146 DLB ORDER GRANTING STIPULATION FOR AWARD OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (Document 17) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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under the EAJA. Nor do Plaintiff, Marc V. Kalagian, or Defendant resolve, settle, or compromise the question of whether Marc V. Kalagian may be, is, or should be the direct payee of an award of fees, costs, and expenses under the EAJA in the absence of an express or implied assignment of such an award or whether any such award is free from or subject to debts of Plaintiff, if any, under the Debt Recovery Act. Payment of TWO THOUSAND NINE HUNDRED DOLLARS ($2,900.00)in EAJA attorney fees, costs, and expenses to Marc v. Kalagian shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
IT IS SO ORDERED. Dated: 9b0hie
May 11, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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