Guzman v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 5/20/2010 APPROVING settlement of attorney fees pursuant to the EAJA. Counsel for Plaintiff shall be awarded attorney fees in the amount of $5,210.26 in fees and $350.00 in costs. (Engbretson, K.)

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1 2 3 4 5 6 7 8 9 10 B E N J A M I N B. W A G N E R U n ite d States Attorney L U C I L L E GONZALES M E I S R e g i o n a l Chief Counsel, Region IX, Social Security Administration E L I Z A B E T H FIRER S p e c i a 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) 977-8937 F a c sim i le : (415) 744-0134 E l i z a b e th . F i r e r @ s s a .g o v A tto r n e ys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 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, subject to the Court's approval, that counsel for Plaintiff, as assignee, be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of FIVE THOUSAND, TWO HUNDRED TEN DOLLARS AND TWENTY-SIX CENTS ($5,210.26) in fees and THREE HUNDRED FIFTY DOLLARS ($350.00) in costs. This amount represents compensation for all legal services rendered on behalf of Plaintiff by the attorney in connection with this civil action in accordance with 28 U.S.C. §§ 1920 and 2412(d). This stipulation does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed upon amounts shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA attorney fees and costs in connection with this action. JENNIFER GUZMAN, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-cv-02084 DAD STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 1 2 3 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. Dated: May 18, 2010 /s/Joseph Clayton Fraulob (As authorized via email) JOSEPH CLAYTON FRAULOB Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney Dated: May 18, 2010 By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney 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 ORDER PURSUANT TO STIPULATION, IT IS ORDERED that counsel for Plaintiff, as assignee, shall be awarded attorney fees in the amount of FIVE THOUSAND, TWO HUNDRED TEN DOLLARS AND TWENTY-SIX CENTS ($5,210.26) in fees and THREE HUNDRED FIFTY DOLLARS ($350.00) in costs, as authorized by 28 U.S.C. §§ 1920 and 2412 subject to the terms of the above-referenced Stipulation. Plaintiff's Petition for Attorney's Fees under the Equal Access to Justice Act (Doc. No. 26) is resolved by this Stipulation and Order. DATED: May 20, 2010. Ddad1/orders.socsec/guzman2084.stipord.attyfees.eaja 2

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