Donez v.Commissioner of Social Security

Filing 25

STIPULATION and ORDER for the award and payment of attorney's fees pursuant to the Equal Access to Justice Act § 2412(d) signed by Magistrate Judge Gary S. Austin on 9/4/2009. (Timken, A)

LAURA KRANK ATTORNEY AT LAW: 220208 2 LAW OFFICES OF ROHLFING & KALAGIAN 211 EAST OCEAN BLVD., SUITE 420 3 LONG BEACH, CA 90802 562/437-7006 4 FAX: [phone] Email: [e-mail]
1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ATTORNEYS FOR PLAINTIFF UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION FRANK DONEZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _____________________________ )

CIVIL NO. 1:08-CV-00956 GSA STIPULATION FOR THE AWARD AND PAYMENT OFATTORNEY'S FEES PURSUANT TOTHE EQUAL ACCESS TO JUSTICE ACT § 2412(d)

IT IS HEREBY STIPULATED by and between Plaintiff FRANK DONEZ ("Plaintiff") and Defendant Michael J. Astrue as the Commissioner of Social Security ("Defendant"), collectively as the "parties," through their undersigned attorneys, subject to the approval of the Court, LAURA KRANK, as Plaintiff's counsel and assignee, be awarded attorney fees, costs and expenses under the EAJA in the amount of THREE THOUSAND EIGHT HUNDRED DOLLARS ($3,800.00). This amount represents compensation for all legal services rendered by LAURA KRANK on behalf of Plaintiff 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, costs, and expenses, and does not constitute an admission

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

of liability on the part of Defendant under the EAJA. Nor do Plaintiff, LAURA KRANK, or Defendant resolve, settle, or compromise the question of whether LAURA KRANK 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 assignment of such an award or whether any such award is free from or subject to debts of Plaintiff, if any, under the Debt Recovery Act. Payment of THREE THOUSAND EIGHT HUNDRED DOLLARS ($3,800.00) in EAJA attorney fees, costs, and expenses to LAURA KRANK shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection. Any payment shall be made payable to Plaintiff's counsel as Plaintiff's assignee and delivered to Plaintiff's counsel. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///

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

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. DATE: 9/2/09 Respectfully submitted, Rohlfing & Kalagian BY: /s/ Laura Krank Laura Krank Attorney for plaintiff Frank Donez DATE: 9/2/09 THOMAS P. O'BRIEN United States Attorney LEON W. WEIDMAN Chief, Civil Division BY: /s/-Donna W. Anderson* Donna W. Anderson Assistant Regional Counsel Special Assistant United States Attorney Attorneys for defendant Michael J. Astrue Commissioner of Social Security [*By email authorization on August 27, 2009]

IT IS SO ORDERED. Dated: 6i0kij

September 4, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE