UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 12, 2010
ROSARIO I. COTA, PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER
IT IS HEREBY STIPULATED by and between Plaintiff ROSARIO I. COTA ("Plaintiff") and Defendant Michael J. Astrue as the Commissioner of Social Security ("Defendant"), collectively as the "parties," through their undersigned attorneys, subject to the approval of the Court, MARC V. KALAGIAN, as Plaintiff's counsel and assignee, be awarded attorney fees, costs and expenses under the EAJA in the amount of THREE THOUSAND TWO HUNDRED DOLLARS ($3,200.00). This amount represents compensation for all legal services rendered by MARC V. KALAGIAN on behalf of Plaintiff in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, costs, and expenses, and does not constitute an admission of 6 liability on the part of Defendant under the EAJA. Nor do Plaintiff, MARC V. KALAGIAN, or Defendant resolve, settle, or compromise the question of whether MARC V. KALAGIAN may be, is, or should be the direct payee of an award of fees, costs, and expenses under the EAJA in the absence of an express or implied assignment of such an award or whether any such award is free from or subject to debts of Plaintiff, if any, under the Debt Recovery Act.
Payment of THREE THOUSAND TWO HUNDRED DOLLARS ($3,200.00) in EAJA attorney fees, costs, and expenses to MARC V. KALAGIAN shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection. 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.
IT IS ORDERED
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