Marcos v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER settling attorney's fees signed by Magistrate Judge Sheila K. Oberto on 5/10/2010. (Timken, A)

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BENJAMIN B. WAGNER 1 2 3 4 5 6 7 8 9 FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel that, subject to the approval of the Court, Plaintiff's counsel, as Plaintiff's assignee, be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of NINE HUNDRED EIGHTY ONE dollars and 76/100 cents ($981.76). This amount represents 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. § 2412(d). This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of NINE HUNDRED EIGHTY ONE dollars and 76/100 cents ($981.76) in EAJA attorney fees, shall constitute a complete release from and bar to any and all claims v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t . U n ite d States Attorney LU C ILLE GONZALES MEIS R e gio n a l Chief Counsel, Region IX, Social Security Administration S H E A LITA BOND, SBN D.C. 469103 S p e c ia l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : (415) 977-8943 F a c s im ile : (415) 744-0134 S h e a .B o n d @ s s a .go v A tto rn e ys for Defendant U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA VERONICA MARCOS, P l a i n t i ff, ) ) ) ) ) ) ) ) ) ) ) C a s e No. 1:09-cv-1622 SKO STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Plaintiff may have relating to EAJA fees in connection with this action. Any payment shall be 1 2 3 4 5 6 7 8 Dated: May 10, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2/s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Attorneys for Defendant ORDER Upon review of the parties' stipulation, Plaintiff's counsel is awarded $981.76 in attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C § 2412(d), made payable to Plaintiff's counsel, as compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action. Such payment of EAJA fees shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. This compromise settlement of Plaintiff's request for EAJA fees does not constitute an admission of liability on the part of Defendant under the EAJA. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney's fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. IT IS SO ORDERED. Dated: ie14hj May 10, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE Dated: May 10, 2010 /s/ Robert Christenson (As authorized via email) ROBERT CHRISTENSON Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration made payable to Plaintiff's counsel as Plaintiff's assignee and delivered to Plaintiff's counsel. 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 provisions of the EAJA. Respectfully submitted,

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