Davis v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER for the Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d), signed by Magistrate Judge Barbara A. McAuliffe on 9/13/2012. (Herman, H)

1

8

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

9

Attorneys for Defendant

2
3
4
5
6
7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

10
11
12
13
14
15
16
17

LUCIA DAVIS,
Plaintiff,
v.

)
)
)
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
Defendant.
)
______________________________)

Case No. 1:12-CV-00788-BAM
STIPULATION AND ORDER FOR
THE AWARD OF ATTORNEY FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)

18
19

IT IS HEREBY STIPULATED by and between the parties through their undersigned

20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
21 EAJA in the amount of SIX HUNDRED SEVENTY-FIVE dollars and 0 cents ($675.00). This
22 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by
23 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
24
25
26
27

This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of
Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
EAJA attorney fees and expenses in connection with this action.

28
1

1

Following the issuance of an order by the Court, the United States Department of the

2 Treasury will determine whether Plaintiff owes a government debt and take appropriate action
3 according to its own statutes and regulations, as permitted by Astrue v. Ratliff, 130 S.Ct. 2521
4 (2010). If no debt is owed, then the Government will accept Plaintiff’s assignment of EAJA fees
5 and make the check payable to the Law Offices of Lawrence D. Rohlfing, counsel for Plaintiff.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security

6

7 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Respectfully submitted September 12, 2012.
8
9

Dated: September 12, 2012

10
11

/s/ Brian Shapiro
(As authorized via email)
BRIAN SHAPIRO
Attorney for Plaintiff

12
13

BENJAMIN B. WAGNER
United States Attorney

14
15 Date: September 12, 2012
16
17

By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue

18
19
ORDER

20
21
22

The above Stipulation (Doc. 14) is approved. Plaintiff is awarded attorney fees under the
EAJA in the amount of SIX HUNDRED SEVENTY-FIVE dollars and ZERO cents. ($675.00.)

23
24
25 Dated:
26

IT IS SO ORDERED.
September 13, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

27
28
2