Rodriguez v. Astrue

Filing 24

STIPULATION AND ORDER re 23 for the Award of Attorney's Fees Pursuant to the Equal Access to Justice Act. Signed by Judge Patricia V. Trumbull on 6/11/10. (pvtlc1) (Filed on 6/14/2010)

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT, SBN OH 84088 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 BELIA RODRIGUEZ, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL NO. 09-04557-PVT STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY'S FEES PURSUANT TO 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's counsel, as Plaintiff's assignee, be awarded attorney fees under the EAJA in the amount of FOUR THOUSAND dollars and 0 cents ($4,000.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 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 FOUR THOUSAND dollars and 0 cents ($4,000.00) in EAJA fees, shall constitute a complete release from and bar to any and all claims Plaintiff

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1 may have relating to EAJA fees in connection with this civil action. Any payment shall be 2 made payable to Plaintiff's counsel as Plaintiff's assignee and delivered to Plaintiff's 3 counsel. 4

This award is without prejudice to the rights of Plaintiff's counsel to seek Social

5 Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 APPROVED AND SO ORDERED. 25 26 DATED: 27 28 2 June 11, 2010 PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE ORDER Date: June 10, 2010 Dated: June 10, 2010 Respectfully submitted, s/ (As authorized via email) HARVEY P. SACKETT Attorney for Plaintiff

Respectfully submitted June 10, 2010.

JOSEPH P. RUSSONIELLO United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Michael J. Astrue