Fernandez v. Astrue

Filing 22

STIPULATION AND ORDER 21 Awarding Attorney Fees. Signed by Judge Ronald M. Whyte on 7/16/09. (jg, COURT STAFF) (Filed on 7/16/2009)

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 26 27 28

JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration SHEA LITA BOND, SBN D.C. 469103 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

*E-FILED - 7/16/09*

MAX FERNANDEZ,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 5:08-cv-02266-RMW 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to the approval of the Court, that the previously filed Equal Access to Justice Act (EAJA) application is hereby withdrawn. 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 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWO THOUSAND SIX HUNDRED AND FORTY dollars and 00 cents ($2,640.00). 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).

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 26 27 28 Dated: Dated: Dated:

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 SIX HUNDRED AND FORTY dollars and 00 cents ($2,640.00) in EAJA attorney fees, 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 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 provisions of the EAJA. Respectfully submitted, June 10, 2009 /s/ Terry LaPorte (As authorized via email) TERRY LAPORTE Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Shea Lita Bond SHEA LITA BOND Attorneys for Defendant

June 10, 2009

IT IS SO ORDERED:

7/16/09 xxxxxxx Judge xxxxx V. Trumbull MagistratexxxxxPatriciaxxxxxxxxx Ronald M. Whyte, U.S. District Judge