Cota v. Commissioner of Social Security

Filing 30

STIPULATION for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act; ORDER, signed by Magistrate Judge Sandra M. Snyder on 4/12/2010. (Herman, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IT IS HEREBY STIPULATED by and between Plaintiff ROSARIO I. C O T A ("Plaintiff") and Defendant Michael J. Astrue as the Commissioner of S o cial Security ("Defendant"), collectively as the "parties," through their u n d ersig n ed attorneys, subject to the approval of the Court, MARC V. K A L A G IA N , as Plaintiff's counsel and assignee, be awarded attorney fees, costs an d expenses under the EAJA in the amount of THREE THOUSAND TWO H U N D R E D DOLLARS ($3,200.00). This amount represents compensation for all vs. M ICHAEL J. ASTRUE, Commissioner of Social Security, D e f e n d a n t. R O S A R IO I. COTA, P l a in t i f f , ) ) ) ) ) ) ) ) ) ) ) C ase No.: 1:08-cv-00842 SMS S T IP U L A T IO N FOR THE AWARD A N D PAYMENT OF ATTORNEY F E E S PURSUANT TO THE EQUAL A C C E S S TO JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER U N IT E D STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA M A R C V. KALAGIAN A T T O R N E Y AT LAW: 149034 R O H L F IN G & KALAGIAN, LLP 2 1 1 EAST OCEAN BLVD., SUITE 420 L O N G BEACH, CA 90802 5 6 2 /4 3 7 - 7 0 0 6 F A X : 562/432-2935 E m ail: [e-mail] A T T O R N E Y S FOR PLAINTIFF

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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 leg al services rendered by MARC V. KALAGIAN on behalf of Plaintiff in co n n ectio n with this civil action, in accordance with 28 U.S.C. § 2412(d). T h is stipulation constitutes a compromise settlement of Plaintiff's request for E A JA attorney fees, costs, and expenses, and does not constitute an admission of liab ility on the part of Defendant under the EAJA. Nor do Plaintiff, MARC V. K A L A G IA N , or Defendant resolve, settle, or compromise the question of whether M A R C V. KALAGIAN may be, is, or should be the direct payee of an award of fees, costs, and expenses under the EAJA in the absence of an express or implied assig n m en t of such an award or whether any such award is free from or subject to d eb ts of Plaintiff, if any, under the Debt Recovery Act. Payment of THREE THOUSAND TWO HUNDRED DOLLARS ($ 3 ,2 0 0 .0 0 ) in EAJA attorney fees, costs, and expenses to MARC V. KALAGIAN sh all constitute a complete release from and bar to any and all claims Plaintiff may h av e relating to EAJA fees in connection. Any payment shall be made payable to P lain tiff's counsel as Plaintiff's assignee and delivered to Plaintiff's counsel. /// /// /// /// /// /// /// /// ///

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1 2 3 4 5 D A T E : 4/6/10Respectfully submitted, 6 Rohlfing & Kalagian 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Dated: April 12, 2010 /s/ Sandra M. Snyder

T h is award is without prejudice to the rights of Plaintiff's counsel to seek S o cial Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions o f the EAJA.

BY: _/s/ Marc V. Kalagian Marc V. Kalagian Attorney for plaintiff R o sario I. Cota

D A T E : 4/6/10BENJAMIN B. WAGNER U n ited States Attorney L U C IL L E GONZALES MEIS C h ief, Civil Division BY: /s/-Brenda Pullin* Brenda Pullin Special Assistant United States Attorney Attorneys for defendant Michael J. Astrue Commissioner of Social Security [*By email authorization on April 2, 2010]

IT IS ORDERED

UNITED STATES MAGISTRATE JUDGE

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