Rael v. Commissioner of Social Security
Filing
27
STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 5/21/2010 GRANTING 26 Stipulation and Proposed Order; Plaintiff's counsel is awarded attorney's fees in the amount of $3,800.00.(Matson, R)
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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Daniel.Talbert@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ESTHER RAEL, Plaintiff, v. ) ) ) ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) Case No. 2:08-CV-01868-GGH STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
IT IS HEREBY STIPULATED by and between the parties through their
20 u n d e rs ig n e d counsel, subject to the approval of the Court, that Plaintiff's counsel, as 21 P la in tif f 's assignee, be awarded attorney fees under the EAJA in the amount of THREE 22 T H O U S A N D EIGHT HUNDRED dollars and 0 cents ($3,800.00). This amount 23 re p re se n ts compensation for all legal services rendered on behalf of Plaintiff, to date, by 24 c o u n se l in connection with this civil action, in accordance with 28 U.S.C. § 2412. 25 T h i s stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 26 a tto rn e y fees, and does not constitute an admission of liability on the part of Defendant 27 u n d e r the EAJA. Payment of THREE THOUSAND EIGHT HUNDRED dollars and 0 28 1
1 c e n ts ($3,800.00) in EAJA fees, shall constitute a complete release from and bar to any 2 a n d all claims Plaintiff may have relating to EAJA fees in connection with this civil action. 3 Any payment shall be made payable to Plaintiff's counsel as Plaintiff's assignee and 4 d e liv e re d to Plaintiff's counsel. 5 6 7 8 9 10 Dated: May 13, 2010 11 12 13 14 15 16 17 18 19 20 21 APPROVED AND SO ORDERED. 22 23 DATED: May 21, 2010 24 25 rael.fee 26 27 28 2 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE ORDER Date: May 13, 2010 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Michael J. Astrue BENJAMIN B. WAGNER United States Attorney Respectfully submitted, /s/ Ann M. Cerney (As authorized via email) ANN M. CERNEY Attorney for Plaintiff T h is award is without prejudice to the rights of Plaintiff's counsel to seek Social S e c u rity Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. R e sp e c tf u lly submitted May 13, 2010.
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