Dupree v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/10 ORDERING pltf's counsel be AWARDED ATTORNEY FEES in the amount of $3,450.00. (Carlos, K)

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B E N J A M I N B. W A G N E R U n ite d States Attorney L U C I L L E GONZALES M E I S R e g i o n a l Chief Counsel, Region IX, Social Security Administration E L I Z A B E T H FIRER S p e c i a 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 sim i le : [phone] E l i z a b e th . F i r e r @ s s a .g o v A tto r n e ys for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that Plaintiff's counsel, as assignee, be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of THREE THOUSAND, FOUR HUNDRED, FIFTY DOLLARS AND ZERO CENTS ($3,450.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by the attorney in connection with this civil action in accordance with 28 U.S.C. § 2412(d). This stipulation does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed upon amounts shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA attorney fees and costs in connection with this action. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney PATRICK DUPREE, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-cv-01487 KJN STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

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fees, under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. Dated: June 21, 2010 /s/Peter Brixie (As authorized via email) PETER BRIXIE Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney Dated: June 21, 2010 By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff's counsel, as assignee, shall be awarded attorney fees in the amount of THREE THOUSAND, FOUR HUNDRED, FIFTY DOLLARS AND ZERO CENTS ($3,450.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. Dated: _June 21, 2010______ /s/ Kendall J. Newman KENDALL J. NEWMAN United States Magistrate Judge

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