Opinion
CASE NO. 2:12-cv-02473-EFB
03-19-2013
GILBERT NAVARRO, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
GLENN M. CLARK (as authorized by email) Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: (415) 977-8926
Facsimile: (415) 977-8873
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d), AND
COSTS PURSUANT TO 28 U.S.C. § 1920
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 EAJA in the amount of THREE THOUSAND FOUR HUNDRED dollars and 0 cents ($3,400.00), and costs in the amount of $367.85 pursuant to 28 U.S.C. § 1920. 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 and 1920. Fees and expenses shall be made payable to Plaintiff, but delivered to Plaintiff's counsel's address.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. 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 may have relating to EAJA attorney fees and expenses 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.
_________________________________
GLENN M. CLARK
(as authorized by email)
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By _________________________________
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
Pursuant to stipulation, plaintiff is awarded attorney fees under the EAJA in the amount of THREE THOUSAND FOUR HUNDRED dollars and 0 cents ($3,400.00), and costs in the amount of $367.85
So ordered.
_________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE