McHugh v. Barnhart

Filing 33

ORDER FOR ATTORNEY FEES re 32 Stipulation filed by James McHugh. Signed by Judge James Larson on 10/27/08. (jlsec, COURT STAFF) (Filed on 10/27/2008)

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Case 3:06-cv-03616-JL Document 32 Filed 10/22/2008 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Geri N. Kahn, CA Bar #148536 400 Montgomery Street, Suite 810 San Francisco, CA 94104 Tel. (415) 397-5446 Fax (707) 361-0350 Attorney for Plaintiff, James McHugh UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JAMES MCHUGH, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: No. 06-3616 JL STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) & ORDER IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff's counsel, as Plaintiff's assignee, be awarded attorney fees under the EAJA in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($4,500.00). 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. 2412(d). This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an admission of liability on part of the Stipulation and Order, C06 3616 JL - 1 Case 3:06-cv-03616-JL Document 32 Filed 10/22/2008 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendant under the EAJA. Payment of the aforementioned sum under the EAJA shall constitute a complete release from and bar to any and all claims, rights, causes of action, liens or subrogated interests relating to attorneys fees and costs incurred in this action under EAJA. Any payment shall be made payable to Plaintiff's counsel as Plaintiff's assignee and delivered to Plaintiff's counsel. 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. Dated: October 22, 2008 /s/ GERI N. KAHN Attorney for Plaintiff JAMES MCHUGH JOSEPH P. RUSSONIELLO United States Attorney Dated: October 22, 2008 /s/ ERIC K.H. CHINN Special Assistant U.S. Attorney IT IS SO ORDERED. Dated: October 27, 2008 ________________________ HON.JAMES LARSON Chief Magistrate Judge Stipulation and Order, C06 3616 JL - 2

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