Limones v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER ORDERING that Plaintiff be awarded fees and expenses in the amount of $3,478.38 as authorized by 28 U.S.C. § 2412(d). Order signed by Magistrate Judge Erica P. Grosjean on 2/21/2019. (Rooney, M)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
S. WYETH MCADAM
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD RALPH LIMONES,
Plaintiff,

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No. 1:17-cv-01511-EPG

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT
(ECF No. 25)

Defendant.

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that the previously-filed Motion for Attorney’s Fees,
filed February 19, 2019, shall be withdrawn, and that Plaintiff be awarded attorney fees and
expenses under the EAJA in the amount of THREE THOUSAND FOUR HUNDRED
SEVENTY-EIGHT dollars and THIRTY-EIGHT cents ($3,478.38). This amount represents
compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in
connection with this civil action, in accordance with 28 U.S.C. § 2412.
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.

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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 offset provisions of the EAJA.
Respectfully submitted February 20, 2019.

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DATED: February 20, 2019

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/s/ Cyrus Safa
CYRUS SAFA
Law Offices of Lawrence D. Rohlfing
(as authorized by email)
Attorney for Plaintiff
MCGREGOR W. SCOTT
United States Attorney

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DATED: February 21, 2019
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/s/ S. Wyeth McAdam
S. WYETH McADAM
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the above stipulation of the parties, IT IS HEREBY ORDERED that

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Plaintiff be awarded fees and expenses in the amount of $3,478.38 as authorized by 28 U.S.C. §

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2412(d).

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IT IS SO ORDERED.
Dated:

February 21, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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