Banks et al v. Astrue

Filing 28

STIPULATION and ORDER SETTLING ATTORNEY'S FEES signed by Magistrate Judge Kimberly J. Mueller on 1/21/09. (Mena-Sanchez, L)

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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 McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration SARAH RYAN, SBOT #17479500 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8978 Facsimile: (415) 744-0134 E-Mail: sarah.ryan@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION BEN BANKS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:07-CV-1754 KJM STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA), 28 U.S.C. 2412(d). It is stipulated by the parties through their undersigned counsel, with the Court's approval, that Plaintiff, BEN BANKS, be awarded attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of FOUR THOUSAND SIX HUNDRED FIFTY ($4,650.00), for compensation for legal services rendered on Plaintiff's behalf, pursuant to 28 U.S.C. 2412(d), plus THREE HUNDRED SEVENTY-TWO DOLLARS AND FIFTY-THREE/100's DOLLARS ($372.53) in court costs and expenses, thereby constituting a compromise settlement for all fees under the EAJA in this action, but not constituting any admission of Defendant's liability under the EAJA in this action. Payment of attorney's fees in the amount of FOUR THOUSAND SIX HUNDRED FIFTY ($4,650.00), and court costs and expenses in the amount of THREE HUNDRED SEVENTY-TWO DOLLARS AND FIFTY-THREE/100's DOLLARS ($372.53), shall constitute a complete release from 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 and bar to any and all claims of Plaintiff relating to EAJA fees and court costs and expenses in connection with this action, without prejudice to any future request for fees under the Social Security Act, 42 U.S.C. 406(b). The parties further agree that Plaintiff has executed a valid assignment of all right, title and interest in and to said attorney's fees and costs under the EAJA, in favor of and to his attorney of record, Robert Ishikawa. The parties stipulate and agree that the EAJA fees and costs shall be paid directly to: Harvey P. Sackett Sackett and Associates P. O. Box 5025 San Jose, CA 95150-5025. WHEREFORE, Plaintiff and Defendant respectfully request that the Court approve their stipulation and agreement, and enter their proposed Order as agreed. Respectfully submitted, Dated: October 30, 2008. /s/ Harvey P. Sackett (As authorized via facsimile) HARVEY P. SACKETT Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Sarah Ryan SARAH RYAN Special Assistant U.S. Attorney Attorneys for Defendant Dated: October 30, 2008 ORDER APPROVED AND SO ORDERED. DATED: January 21, 2009. 2 - Stip & Order of Sentence Four Remand

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