Calkins v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER settling Attorney's fees signed by Magistrate Judge Kimberly J. Mueller on 05/03/10 (Williams, D) Modified on 5/4/2010 (Williams, D).

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1 2 3 4 5 6 7 8 9 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS (CO SBN 15153) Regional Chief Counsel, Region IX, Social Security Administration MICHAEL A. CABOTAJE (CA SBN 197086) Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8984 Facsimile: (415) 744-0134 E-Mail: Michael.Cabotaje@ssa.gov Attorneys for Defendant Commissioner of Social Security UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 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, subject to the approval of the Court, that the previously filed Equal Access to Justice Act ("EAJA") application/petition by Plaintiff is hereby withdrawn. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff's counsel, as Plaintiff's assignee, be awarded attorney fees under the EAJA in the amount of five thousand five hundred dollars and zero cents ($5,500.00). 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). ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ________________________________ ) CHRISTI CALKINS, Case No.: 2:08-CV-02385-KJM STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and does not constitute any admission of liability on the part of Defendant under the EAJA. Payment of fees in the amount of five thousand five hundred dollars and zero cents ($5,500.00) in EAJA attorney 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. Any payment shall be 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(b), subject to the provisions of the EAJA. Respectfully submitted, Dated: April 30, 2010 /s/ Joseph C. Fraulob* *(As authorized via email dated April 30, 2010) JOSEPH CLAYTON FRAULOB Law Offices of Harold Hadley Attorney for Plaintiff LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Michael A. Cabotaje MICHAEL A. CABOTAJE Special Assistant U.S. Attorney Attorneys for Defendant Dated: April 30, 2010 ORDER APPROVED AND SO ORDERED. DATED: May 3, 2010.

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