Sidarevich v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER 23 signed by Magistrate Judge Edmund F. Brennan on 6/22/2010 GRANTING plaintiff's 20 Motion for Attorney Fees in the amount of $2662.50. Defendant's 21 Request for Extension of Time to respond is DENIED as MOOT. (Marciel, M)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX, Social Security Administration ARMAND D. ROTH Special Assistant United States Attorney California Bar No. 214624 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail:[e-mail] Attorneys for Defendant Commissioner of Social Security UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION SIARHEI SIDAREVICH, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 08-CV-2288-EFB STIPULATION AND PROPOSED ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

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$2,662.50. 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). 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 $2,662.50 in EAJA attorney fees, shall constitute a complete release from and bar to any

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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: June15, 2010

/s/ JESSE S. KAPLAN (As authorized via email) JESSE S. KAPLAN Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Armand D. Roth ARMAND D. ROTH Special Assistant U.S. Attorney Attorneys for Defendant ORDER

Dated: June15, 2010

This stipulation is APPROVED AND SO ORDERED. Accordingly, plaintiff's motion for attorney fees, Dckt. No. 20, and the stipulation and request for an order granting defendant an extension of time to respond thereto, Dckt. No. 21, are denied as moot. Dated: June 22, 2010.

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