Stamper v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER 30 for substitution of party signed by Magistrate Judge Allison Claire on 4/25/2014. Diana J. Steele (Stamper) is ADDED as plaintiff in place and stead of Greg Lee Stamper. (Marciel, M)

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JOHN V. JOHNSON
341 Flume Street, Suite C
Chico, California 95928
Telephone: [phone]
State Bar #103137

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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GREG LEE STAMPER,

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Plaintiff,
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vs.
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CAROLYN COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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_____________________________________________)

Case No.: 2:12-CV-0192 AC

STIPULATION AND ORDER
TO SUBSTITUTE PLAINTIFF PARTIES

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It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval

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of the Court, that Diana L. Steele (Stamper) be substituted as party plaintiff for Greg Lee Stamper, who died on

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on September 23, 2012, based on a Certificate of Death and a Certificate of Marriage, on which both of their names

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appear as spouses (see attached Exhibits). This action is being taken pursuant to Federal Rule of Civil Procedure

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Rule 25(a)(2), and 20 Code of Federal Regulations Section 416.542(b) that provides for paying an underpaid amount

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of Supplemental Security Income to a surviving spouse who was living with the deceased in the month the

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underpaid individual died, which confers on Ms. Diana J. Steele (Stamper) standing to pursue the claim for

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Supplemental Security Income by deceased plaintiff, Greg Lee Stamper, as well as to agree to assign attorney’s fees

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under the Equal Access to Justice Act (EAJA).
Respectfully Submitted,

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DATED: April 4, 2014

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: April 4, 2014

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, Acting
Regional Chief Attorney, Region IX
Social Security Administration

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/ s / Ben Porter
BEN PORTER
Special Assistant U.S. Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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ORDER
APPROVED AND SO ORDERED.

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Dated: April 25, 2014
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ALLISON CLAIRE
UNITED STATES MAGISTRTE JUDGE