(SS) Lilly v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/18/2021 AWARDING Plaintiff attorney fees and expenses under the EAJA in the amount of $5,300.00. The previously-filed Motion for Attorney's Fees is WITHDRAWN. (Zignago, K.)

Case 2:19-cv-00781-AC Document 24 Filed 02/16/21 Page 1 of 2
1
2
3
4
5
6
7

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

8
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

SACRAMENTO DIVISION

13
14

ROBERTA LILLY,
Plaintiff,

15
16

v.

17

ANDREW SAUL,
Commissioner of Social Security,

18

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

Defendant.

19
20

No. 2:19-cv-00781-AC

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

21

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

22

filed November 18, 2020, shall be withdrawn, and that Plaintiff be awarded attorney fees and

23

expenses under the EAJA in the amount of FIVE THOUSAND THREE HUNDRED dollars

24

($5,300.00). This amount represents compensation for all legal services rendered on behalf of

25

Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C.

26

§ 2412.

27
28

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of

Case 2:19-cv-00781-AC Document 24 Filed 02/16/21 Page 2 of 2
1

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

2

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

3

EAJA attorney fees and expenses in connection with this action.

4
5
6

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 February 15, 2021.

7
8

DATED: February 15, 2021

/s/ Kelsey Mackenzie Brown
KELSEY MCKENZIE BROWN
(as authorized by email)
Attorney for Plaintiff

9
10

McGREGOR W. SCOTT
United States Attorney

11
12

DATED: February 15, 2021

13
14

By

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

15

ORDER

16
17
18
19

Pursuant to stipulation, it is so ordered.
DATE: February 18, 2021

_______________________________
HON. ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2