Burgos v. The Commissioner of Social Security Administration

Filing 30

ORDER Granting 29 Stipulation Awarding Attorney Fees Under the Equal Access to Justice Act. Signed by Judge Paul S. Grewal on August 1, 2011. (psglc2, COURT STAFF) (Filed on 8/1/2011)

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1 2 3 4 5 6 7 8 MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration THEOPHOUS H. REAGANS, CSBN 189450 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8943 Facsimile: (415) 744-0134 E-Mail: Theophous.Reagans@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SIGREDO M. BURGOS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. C 07-1709 PVT STIPULATION AND ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWO THOUSAND THREE HUNDRED dollars and no cents ($2,300.00). 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 the part of Defendant under the EAJA. Payment of TWO THOUSAND THREE HUNDRED dollars and no cents ($2,300.00) in EAJA attorney fees shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to 1 EAJA fees in connection with this action. Any payment shall be made payable to Plaintiff and delivered 2 to Plaintiff’s counsel. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act 3 4 attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 5 Respectfully submitted, 6 7 Dated: July 29, 2011 /s/ James Hunt Miller (As authorized via email) JAMES HUNT MILLER Attorney for Plaintiff Dated: July 29, 2011 MELINDA L. HAAG United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 8 9 10 11 12 13 /s/ Theophous H. Reagans THEOPHOUS H. REAGANS Attorneys for Defendant 14 15 16 17 18 19 IT IS SO ORDERED: 20 21 22 23 24 25 26 27 28 Dated: August 1, 2011 PAUL SINGH GREWAL United States Magistrate Judge

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