Diaz-Martinez v. Commissioner of Social Security
Filing
26
STIPULATION AND ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/10 ORDERING that Plaintiff's assignee, be awarded attorney fees, in the amount of THREE THOUSAND SEVEN HUNDRED dollars and 00/100 cents ($3,700.00). (Becknal, R)
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BENJAMIN B. WAGNER 1 2 3 4 5 6 7 8 9 SACRAMENTO 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 THREE THOUSAND SEVEN HUNDRED dollars and 00/100 cents ($3,700.00). 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). 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 THREE THOUSAND SEVEN HUNDRED dollars and 00/100 cents ($3,700.00) 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
v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t . U n i te 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 i le : (415) 744-0134 S h ea .B o n d @ s s a .go v A t to rn e ys for Defendant U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA
ELIZABETH DIAZ,
P l a i n t i f f,
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C a s e No. 2:09-cv-2096 KJN
STIPULATION AND PROPOSED ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
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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, subject to the provisions of the EAJA. Respectfully submitted,
Dated: May 10, 2010
/s/ Ann Cerney (As authorized via email) ANN CERNEY Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Attorneys for Defendant ORDER
Dated: May 10, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND SO ORDERED: Dated: May 13, 2010
_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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