Jamieson v. CSS

Filing 24

STIPULATION and ORDER for the award of attorney's fees pursuant to the Equal Access to the Justice Act signed by Magistrate Judge Dennis L. Beck on 4/21/2010. (Hernandez, M)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:09-CV-00490-LJO-DLB STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND FOR COSTS PURSUANT TO 28 U.S.C. § 1920

CARRIE JAMIESON, ) Plaintiff, ) v. ) 14 MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) 15 Defendant. ) 16 ______________________________) 17 18 19

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

20 awarded attorney fees under the EAJA in the amount of FIVE THOUSAND dollars and 0 cents 21 ($5,000.00), and costs in the amount of $368.96. This amount represents compensation for all 22 legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil 23 action, in accordance with 28 U.S.C. §§ 1920, 2412. 24 25 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

26 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 27 EAJA. Payment of FIVE THOUSAND dollars and 0 cents ($5,000.00) in EAJA fees and $368.96 28 1

1 in costs shall constitute a complete release from and bar to any and all claims Plaintiff may have 2 3 4 5 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 counsel to seek Social Security relating to EAJA fees and costs in connection with this civil action. Any payment shall be made

6 Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 7 8 9 10 11 12 Date: April 21, 2010 13 14 15 16 17 18 19 20 21 22 23 3b142a 24 25 26 27 28 2 Dated: IT IS SO ORDERED. ORDER By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Dated: April 21, 2010 s/ Harvey Sackett (As authorized by email) HARVEY SACKETT Attorney for Plaintiff Carrie Jamieson BENJAMIN B. WAGNER United States Attorney Respectfully submitted April 21, 2010.

April 21, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE