Vierra v. Barnhart

Filing 24

STIPULATION AND ORDER re 23 Awarding Attorney's Fees and Costs Under the Equal Access to Justice Act. Signed by Judge Patricia V. Trumbull on 11/10/08. (pvtlc1) (Filed on 11/12/2008)

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HARVEY P. SACKETT (72488)

1055 Lincoln Avenue Post Office Box 5025 San Jose, California 95150-5025 Telephone: [phone] Facsimile: [phone]

/as Attorney for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROBIN J. VIERRA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.

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No. 06-7785 PVT

STIPULATION AND ORDER AWARDING ATTORNEY'S FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. § 2412(d)]

Plaintiff and Defendant, through their respective attorneys, hereby stipulate that subject to the approval of the Court, Plaintiff shall be awarded attorney fees under the EAJA in the amount of FIVE THOUSAND EIGHT HUNDRED DOLLARS ($5,800.00), and costs in the amount of THREE HUNDRED SEVENTY-SIX DOLLARS AND FORTY-EIGHT CENTS ($376.48). 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. §§ 1920 and 2412(d).

1 STIPULATION AND ORDER AWARDING ATTORNEY'S FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. § 2412(d)]

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and costs, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of $5,800.00 in EAJA attorney fees and $376.48 in EAJA costs shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees and costs in connection with this action. 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: November 7, 2008

/s/ HARVEY P. SACKETT Attorney for Plaintiff ROBIN J. VIERRA

JOSEPH P. RUSSONIELLO United States Attorney

Dated: November 7, 2008

/s/ GINA SHIN Assistant Regional Counsel

IT IS SO ORDERED.

Dated: 11/10/08 HON. PATRICIA V. TRUMBULL United States Magistrate Judge

2 STIPULATION AND ORDER AWARDING ATTORNEY'S FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. § 2412(d)]