(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 The previously-filed Motion for Attorney's Fees is WITHDRAWN.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.)

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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: (415) 977-8995 Facsimile: (415) 744-0134 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the approval of the Court, that the previously-filed Motion for Attorney’s Fees, 22 filed November 18, 2020, shall be withdrawn, and that Plaintiff be awarded attorney fees and 23 expenses under the EAJA in the amount of FIVE THOUSAND THREE HUNDRED dollars 24 ($5,300.00).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

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