Barrett v. CSS

Filing 30

STIPULATION AND ORDER AWARDING EAJA ATTORNEY'S FEES signed by Magistrate Judge Edmund F. Brennan on 7/6/09. (Becknal, R)

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

LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ERIC K. H. CHINN 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 SACRAMENTO DIVISION SHERI BARRETT, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:07-cv-01615-EFB STIPULATION AND ORDER AWARDING EAJA ATTORNEY'S FEES

IT IS HEREBY STIPULATED by 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 in the amount of FOUR THOUSAND SEVEN HUNDRED TWENTYFIVE DOLLARS AND NO/100 CENTS ($4,725.00). This amount represents compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this civil action for services performed before the district court 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 in the aforementioned sum under EAJA shall constitute a complete release from and bar to any and all claims, rights, causes of action, liens or subrogated interests relating to attorneys fees incurred in this

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

action under EAJA. The settlement of Plaintiff's claim for EAJA attorney fees does not preclude Plaintiff's counsel from seeking attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, subject to the offset provisions of the law. Respectfully submitted, Dated: July 1, 2009 /s/ Ann M. Cerney (per e-mail authorization this date) ANN M. CERNEY Attorney for Plaintiff LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Eric K. H. Chinn ERIC K. H. CHINN Special Assistant U.S. Attorney

Dated: July 1, 2009

APPROVED AND SO ORDERED: Dated: July 6, 2009.

2