Rodrigues v. CSS

Filing 29

STIPULATION and ORDER 28 , signed by Magistrate Judge Kimberly J. Mueller on 6/21/10, ORDERING that pltf's counsel is AWARDED atty fees under the EAJA in the amt of $4,600.00. (Kastilahn, A)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration THEOPHOUS H. REAGANS, SBN 189450 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Fax: [phone] Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION JUAN RODRIGUEZ, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-162 - KJM STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER

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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 EAJA in the amount of four thousand six hundred dollars and no cents ($4,600.00). 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). 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 four thousand six hundred dollars and no cents ($4,600.00) 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

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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: June 17, 2010 /s/ Bess M. Brewer (As authorized via facsimile) BESS M. BREWER Attorney for Plaintiff

Dated: June 17, 2010 10 11 12 13 14 15 16 APPROVED AND SO ORDERED. 17 18 19 20 21 22 23 24 25 26 27 28 DATED: June 21, 2010. By:

BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX /s/Theophous H. Reagans Theophous H. Reagans Special Assistant U.S. Attorney Attorneys for Defendant ORDER

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