Lankford v. CSS

Filing 28

STIPULATION and ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT AND SEPARATE COSTS signed by Magistrate Judge Dennis L. Beck on 4/30/2009. (Hernandez, M)

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L A W R E N C E G. BROW N A c tin g United States Attorney L U C I L L E GONZALES MEIS R e g io n a l Chief Counsel, Region IX, Social Security Administration E L I Z A B E T H FIRER 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 : [phone] F a c s im ile : [phone] E liz a b e th .F ir e r @ s s a .g o v A tto r n e y s for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO 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 Plaintiff's counsel, as assignee, be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of SIX THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($6,500.00), and SIXTEEN DOLLARS AND ZERO CENTS ($16.00) in costs pursuant to 28 U.S.C. §§ 1920, 2412. 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. § 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. MARYANN LANKFORD, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 1:07-CV-01668-BAK (DLB) STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT AND SEPARATE COSTS

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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: April 24, 2009 /s/Henry Reynolds (As authorized via email) HENRY REYNOLDS Attorney for Plaintiff LAWRENCE G. BROWN Acting United States Attorney Dated: April 24, 2009 By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff's counsel, as assignee, shall be 13 awarded attorney fees in the amount of SIX THOUSAND, FIVE HUNDRED DOLLARS AND ZERO 14 CENTS ($6,500.00), and SIXTEEN DOLLARS AND ZERO CENTS ($16.00) in costs as authorized by 15 28 U.S.C. §§ 1920, 2412, subject to the terms of the above-referenced Stipulation. 16 17 18 IT IS SO ORDERED. 19 Dated: 20 21 22 23 24 25 26 27 28 2 3b142a

April 30, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE