Brown v. Commissioner of Social Security

Filing 28

STIPULATION for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d); ORDER, signed by Judge Sandra M. Snyder on 7/8/2009. (Herman, H)

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4 CHARLES SAMUEL BROWN, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social ) Security, ) ) Defendant. ) ______________________________) NO. 1:07-CV-01375 LJO-SMS STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER

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 three-thousand, five-hundred dollars and zero cents ($3500.00). 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, five-hundred dollars

and zero cents ($3500.00) 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

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counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Respectfully submitted, Dated: July 6, 2009 /s/Robert Ishikawa ROBERT ISHIKAWA Attorney for Plaintiff *as authorized via fax

Dated: July 6, 2009 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAWRENCE G. BROWN Acting United States Attorney

/s/ Jaime L. Preciado JAIME L. PRECIADO Special Assistant U.S. Attorney Attorneys for Defendant

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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 IT IS SO ORDERED. Dated: icido3 July 8, 2009

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION CHARLES SAMUEL BROWN, ) ) Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social ) Security, ) ) Defendant. ) ______________________________)

NO. 1:07-CV-01375 LJO SMS ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT ATTORNEY FEES PURSUANT TO 28 U.S.C. § 2412(d)

Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees, IT IS ORDERED that Plaintiff's counsel, as Plaintiff's assignee, shall be awarded attorney fees under the EAJA in the amount of three-thousand, five-hundred dollars and zero cents ($3500.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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