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Villalovos v. Berryhill, 1:13-CV-01260-GSA. (2017)

Court: District Court, E.D. California Number: infdco20170410479 Visitors: 11
Filed: Mar. 28, 2017
Latest Update: Mar. 28, 2017
Summary: STIPULATION AND ORDER FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA). GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), in the amount of THREE THOUSAND FIVE HUNDRED dollars and ZERO cents ($3,500.00) and expenses in the amount of NINETEEN DOLLARS a
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STIPULATION AND ORDER FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA).

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND FIVE HUNDRED dollars and ZERO cents ($3,500.00) and expenses in the amount of NINETEEN DOLLARS and NINETY-ONE cents ($19.91). This amount represents compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Dellert Baird Law Offices PLLC pursuant to the assignment executed by Plaintiff. The parties agree that whether this check is made payable to Plaintiff or Dellert Baird Law Offices PLLC, such check shall be mailed to Plaintiff's attorney at the following address: Dellert Baird Law Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497. 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 or otherwise.

Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel, including Dellert Baird Law Offices PLLC may have relating to EAJA attorney fees in connection with this action.

ORDER

Pursuant to the stipulation of the parties (Doc. 25), Plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND FIVE HUNDRED dollars and ZERO cents ($3,500.00) and expenses in the amount of NINETEEN DOLLARS and NINETY-ONE cents ($19.91). Payment shall be made pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (2010) in accordance with the terms of the stipulation outlined above.

IT IS SO ORDERED.

FootNotes


1. Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source:  Leagle

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