Gustafson v. Astrue

Filing 37

ORDER signed by Magistrate Judge Dale A. Drozd on 7/16/10 ORDERING plaitiff's counsel awarded attorneys fee under the EAJA in the amount of $5,500.00. It is further ORDERED that the Clerk of the Court to modify the docket to reflect that pltf's Motion for an Award of Attorney's Fees 35 has been WITHDRAWN. (Carlos, K) Modified on 7/19/2010 (Donati, J).

( S S ) Gustafson v. Commissioner of Social Security

D o c . 37

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT 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 Case No. 2:08-CV-00612-DAD STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

13 SHAWN GUSTAFSON, Plaintiff, 14 v. 15

) ) ) ) ) 16 MICHAEL J. ASTRUE, ) ) 17 Commissioner of Social Security, Defendant. ) 18 ______________________________) 19 20

IT IS HEREBY STIPULATED by and between the parties through their

21 u n d e rs ig n e d counsel, subject to the approval of the Court, that the previously filed Equal 22 A c c es s to Justice Act (EAJA) application is hereby withdrawn. 23 IT IS HEREBY STIPULATED by and between the parties through their

24 u n d e rs ig n e d counsel, subject to the approval of the Court, that Plaintiff be awarded 25 a tto rn e y fees under the EAJA in the amount of FIVE THOUSAND FIVE HUNDRED 26 d o lla rs and 0 cents ($5,500.00). This amount represents compensation for all legal 27 se rv ice s rendered on behalf of Plaintiff, to date, by counsel in connection with this civil 28 a c tio n , in accordance with 28 U.S.C. § 2412. Stipulation & Order for EAJA Fees 1

Dockets.Justia.com

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T h i s stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

2 a tto rn e y fees, and does not constitute an admission of liability on the part of Defendant 3 u n d e r the EAJA. Payment of FIVE THOUSAND FIVE HUNDRED dollars and 0 cents 4 ($ 5 ,5 0 0 .0 0 ) in EAJA fees, shall constitute a complete release from and bar to any and all 5 c la im s Plaintiff may have relating to EAJA fees in connection with this civil action. Any 6 p a ym e n t shall be made payable to Plaintiff and delivered to Plaintiff's counsel, unless 7 P lain tiff does not owe a federal debt. If the United States Department of the Treasury 8 d e te rm in e s that Plaintiff does not owe a federal debt, the government will accept Plaintiff's 9 a ss ig n m e n t of EAJA Fees and pay fees directly to Plaintiff's counsel. 10 T h is award is without prejudice to the rights of Plaintiff's counsel to seek Social 11 S e c u rity Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 12 R e sp e c tf u lly submitted July 12, 2010. 13 14 15 Dated: July 15, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & Order for EAJA Fees 2 Date: July 16, 2010 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Michael J. Astrue BENJAMIN B. WAGNER United States Attorney Respectfully submitted, /s/ Bess M. Brewer (As authorized via email) BESS M. BREWER Attorney for Plaintiff

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ORDER APPROVED AND SO ORDERED. The Clerk of the Court shall modify the docket to reflect that Plaintiff's Motion for an Award of Attorney's Fees filed June 29, 2010 (Doc. No. 35)

5 has been withdrawn. 6 DATED: July 16, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & Order for EAJA Fees 3
Ddad1/orders.soc sec/ gustafson0612.stipord.attyfee.EAJA