Opinion
CIVIL NO. 02-05171 SI
November 19, 2003
KEVIN V. RYAN, San Francisco, California, for Defendant
JOANN M. SWANSON, San Francisco, California, for Defendant
ALEX G.TSE, San Francisco, California, for Defendant
DAVID W. CALVERT, for Plaintiff
STIPULATION AND ORDER APPROVING COMPROMISE SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
The plaintiff's attorney having met the criteria of L.R. 54-5, by meeting and conferring with defendant, IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to approval by the Court, that plaintiff's attorney receive the following payment:
1. Defendant shall pay THREE THOUSAND FIVE HUNDRED DOLLARS, ($3,500.00), pursuant to the Equal access to Justice Act (EAJA), for attorney fees incurred in this court action. The check is to be payable to plaintiff's counsel:
This amount includes costs.
DAVID W. CALVERT 2222 MARTIN LUTHER KING JR. WAY BERKELEY, CA 94704 (510)848-7200
2. This is a settlement of plaintiff's request for attorney fees pursuant to EAJA, and does not constitute an admission of liability or fault on the part of defendant under the Equal Access to Justice Act.
3. Payment of the THREE THOUSAND FIVE HUNDRED DOLLARS, ($3,500.00), EAJA fees, incurred in this court action, will constitute a complete release from and bar to any and all claims, rights, causes of action, liens or subrogated interests relating to attorney fees pursuant to the EAJA as a result of this court action.
PURSUANT TO STIPULATION, IT IS SO ORDERED: