Salinas v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER Settling Attorney's Fees pursuant to the Equal Access to Justice Act - Order signed by Magistrate Judge Dennis L. Beck on 5/27/2010. (Hernandez, M)

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1 2 3 4 5 6 7 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX KATHRYN R. WATSON Special Assistant United States Attorney California Bar No. 244142 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8928 Facsimile: (415) 744-0134 E-Mail: Kathryn.Watson@ssa.gov Attorneys for Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED 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 FIVE THOUSAND FOUR HUNDRED dollars and 00/100 cents ($5,400.00). 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 FIVE THOUSAND FOUR HUNDRED dollars and 00/100 cents ($5,400.00) 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 CELIA SALINAS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) Case No. 1:09-CV--00454-DLB STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 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 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 25, 2010 /s/ Sengthiene Bosavanh (As authorized via email) SENGTHIENE BOSAVANH Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By /s/ Kathryn R. Watson KATHRYN R. WATSON Special Assistant United States Attorney Attorneys for Defendant Dated: May 26, 2010 IT IS SO ORDERED. Dated: 9b0hie May 27, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2 09-454

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