Dobbs v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER SETTLING ATTORNEY'S FEES signed by Magistrate Judge Craig M. Kellison on 2/10/10: The Clerk of the Court is directed to terminate Doc. 24 as a pending motion. (Kaminski, H)

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BENJAMIN B. WAGNER United States Attorney
LU C ILLE GONZALES MEIS R e gio n a l Chief Counsel, Region IX, Social Security Administration S H E A LITA BOND, SBN D.C. 469103 S p e c ia l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : [phone] F a c s im i le : [phone]

E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

STEVE DOBBS,

) ) CIVIL NO. 2:08-cv-3129 CMK Plaintiff, ) ) STIPULATION AND ORDER SETTLING v. ) ATTORNEY'S FEES PURSUANT TO THE ) EQUAL ACCESS TO JUSTICE ACT, 28 MICHAEL J. ASTRUE, ) U.S.C. § 2412(d) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) The previously filed Motion and Memorandum in Support of Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act is hereby withdrawn. 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 FIVE THOUSAND TWO HUNDRED dollars and 00/100 cents ($5,200.00). 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 FIVE THOUSAND TWO HUNDRED dollars and 00/100 cents ($5,200.00) 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: February 9, 2010

/s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Attorneys for Defendant ORDER

Dated: February 9, 2010

APPROVED AND SO ORDERED. The Clerk of the Court is directed to terminate Doc. 24 as a pending motion:

DATED: February 10, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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