Embernate v. Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Deborah Barnes on 7/6/2018 GRANTING 21 Plaintiff's Motion for Attorneys' Fees; and that Plaintiff be awarded attorney fees and expenses under the EAJA in the amount of $6,000; this amount represents c ompensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28:2412; this award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42:406, subject to the offset provisions of the EAJA. (Reader, L)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHERRELYN M. EMBERNATE,

No. 2:17-cv-00040-JAM-DB

Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT

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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that the previously-filed Motion for Attorney’s Fees,

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filed June 26, 2018, shall be withdrawn, and that Plaintiff be awarded attorney fees and expenses

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under the EAJA in the amount of SIX THOUSAND dollars ($6,000). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in

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connection with this civil action, in accordance with 28 U.S.C. § 2412.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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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 offset provisions of the EAJA.
Respectfully submitted July 2, 2018.

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DATED: July 2, 2018

/s/ Terry LaPorte
TERRY LAPORTE
(as authorized by email)
Attorney for Plaintiff

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MCGREGOR W. SCOTT
United States Attorney

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DATED: July 2, 2018

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By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: July 6, 2018

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DLB:6
DB\orders\orders.soc sec\embernate0040.stip.eaja.ord

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