Appleby v. CSS

Filing 30

ORDER signed by Magistrate Judge Kimberly J. Mueller on 01/13/2009 GRANTING 29 Stipulation Settling Attorney's Fees Purusant to the Equal Access to Justice Act. IT IS ORDERED that Plaintiff's counsel, as Plaintiff's assignee, is AWARDED attorneys fees in the amount of $6,100.00. (Streeter, J)

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McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration JACQUELINE A. FORSLUND 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

9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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PAUL APPLEBY,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:07-CV-243-KJM STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

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 awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND ONE HUNDRED dollars and 00 cents ($6,100.00). 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).

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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 SIX THOUSAND ONE HUNDRED dollars and 00 cents ($6,100.00) 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 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: January 12, 2009 /s/ Bess M. Brewer (As authorized via e-mail on 01/12/09) BESS M. BREWER Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Jacqueline A. Forslund JACQUELINE A. FORSLUND Special Assistant U.S. Attorney Attorneys for Defendant

Dated: January 12, 2009

ORDER APPROVED AND SO ORDERED.

DATED: January 13, 2009.

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