Towery v. Astrue

Filing 30

ORDER re: fees re 29 . Signed by Judge Illston on 10/7/08. (ts, COURT STAFF) (Filed on 10/8/2008)

Case 3:07-cv-04037-SI

Document 29

Filed 10/06/2008

Page 1 of 2

1 2 3 4 5 6 7

JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration JAIME L. PRECIADO, SBN WI 1030911 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

8 9 10 11 12 STONEWALL TOWERY, 13 14 15 16 17 18 19 IT IS HEREBY STIPULATED by the parties, through their undersigned counsel, subject to 20 the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice 21 Act in the amount of SIXTY-ONE HUNDRED DOLLARS AND NO CENTS ($6,100.00). This 22 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 23 connection with this civil action for services performed before the district court in accordance with 24 28 U.S.C. §§ 1920 and 2412(d). 25 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 26 fees and does not constitute an admission of liability on the part of Defendant under the EAJA. 27 Payment in the aforementioned sum of SIXTY-ONE HUNDRED DOLLARS AND NO CENTS 28 ($6,100.00) under 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 ) ) Plaintiff, ) CIVIL NO. 07-4037 SI ) v. ) STIPULATION AND ORDER AWARDING ) ATTORNEY'S FEES UNDER THE EQUAL MICHAEL J. ASTRUE, ) ACCESS TO JUSTICE ACT (28 U.S.C. § 2412(d)) Commissioner of Social Security, ) ) Defendant. ) ______________________________) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case 3:07-cv-04037-SI

Document 29

Filed 10/06/2008

Page 2 of 2

1 2 3 4 5 6

this action under EAJA. The settlement of Plaintiff's claim for EAJA attorney fees does not preclude Plaintiff's counsel from seeking attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, subject to the offset provisions of the law. Respectfully submitted, Dated: October 6, 2008 /s/ Betty Herrera (As authorized via facsimile) BETTY HERRERA Attorney for Plaintiff

7 8 9 10 11 12 13 14 15 16 IT IS SO ORDERED: 17 18 Dated: 19 20 21 22 23 24 25 26 27 28 Dated: October 6, 2008

JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration

/s/ Jaime L. Preciado JAIME L. PRECIADO

THE HONORABLE SUSAN ILLSTON United States District Judge

2