Kirk v. Social Security Administration

Filing 22

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 1/6/16 ORDERING that Plaintiff Richard Kirk be awarded attorney fees and expenses in the amount of $1,944.80 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and $456.60 in costs under 28 USC § 1920. (Mena-Sanchez, L)

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1 2 3 PAUL H. SALTZEN SBN 155053 Attorney at Law P.O. Box 940 Shingle Springs, California 95682-0940 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RICHARD KIRK, 9 Case No.: 2:13-CV-02342-CMK Plaintiff, STIPULATION AND ORDER RE EAJA ATTORNEY’S FEES AND COSTS 10 vs. 11 12 13 14 15 COMMISSIONIER OF SOCIAL SECURITY, Defendant. TO THE HONORABLE CRAIG M. KELLISON, MAGISTRATE 16 17 18 19 JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that PLAINTIFF 20 21 RICHARD KIRK be awarded attorney fees and expenses in the amount of 22 $1,944.80 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 23 24 25 26 2412(d) and $456.60 in costs under 28 USC § 1920. 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. §§1920; 2412(D). 27 28 Fees shall be made payable to PLAINTIFF RICHARD KIRK. STIPULATION AND ORDER 1 1 2 This stipulation constitutes a compromise settlement of KIRK v COMMISSIONER OF SOCIAL SECURITY 2:13-CV-02342-CMK request for 3 4 EAJA attorney fees, and does not constitute an admission of liability on the part of 5 DEFENDANT under the EAJA or otherwise. Payment of the agreed amount shall 6 constitute a complete release from, and bar to, any and all claims that PLAINTIFF 7 8 9 RICHARD KIRK or his attorney Paul Saltzen may have relating to EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of plaintiff’s counsel to 11 12 13 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 15 DATED: 01/04/2016 16 BY: /s/ Paul H. Saltzen Paul Saltzen, Attorney COUNSEL FOR PLAINTIFF 17 18 19 DATED: 20 21 22 23 24 Respectfully submitted, BY: /s/ Patrick W. Snyder Patrick W. Snyder Special Assistant United States Attorney Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security (Per e-mail authorization) IT IS SO ORDERED. 25 Dated: January 6, 2016 26 27 28 STIPULATION AND ORDER 2

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