Stansberry v. Astrue

Filing 19

STIPULATION AND ORDER awarding attorney fees and costs; Signed by Judge Marilyn Hall Patel on 4/22/2010. (awb, COURT STAFF) (Filed on 4/22/2010)

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KENNETH J. COLLINS CSB 100579 Attorney at Law P.O. Box 1193 Arcata, CA 95518 [phone] fax [phone] [e-mail] Attorney for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MELISSA STANSBERRY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:09-cv-04731-MHP STIPULATION AND ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS UNDER 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff's counsel be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND THREE HUNDRED THIRTY-SEVEN dollars and FIFTY cents ($3,337.50) in EAJA attorney fees and cost in the amount of THREE HUNDRED AND FIFTY dollars and no cents ($350.00). 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

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fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of THREE THOUSAND THREE HUNDRED THIRTY-SEVEN dollars and FIFTY cents ($3,337.50) in EAJA attorney fees and cost in the amount of THREE HUNDRED AND FIFTY dollars and no cents ($350.00), shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. Any payment shall be made 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 provisions of the EAJA.

Dated: April 21, 2010

By:

/s/ Kenneth J. Collins KENNETH J. COLLINS Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX

Dated: April 21, 2010 13 14 15 By: 16 17

/s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney Attorneys for Defendant

18 19 20 THE COURT APPROVES THE FOREGOING STIPULATION AND SO ORDERS.

22 Dated: April ____, 2010
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___________________________________ S DISTRIC TE MARILYN T C PATEL HONORABLE HALL TA United States Magistrate Judge

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