Scholtz v. Commissioner of the Social Security Administration

Filing 28

STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT OF ATTORNEY FEES AND COSTS PURSUANT TO EQUAL ACCESS TO JUSTICE ACT re [Doc 27] filed by Ann Yvette Scholtz. Pursuant to the parties' stipulation, IT IS ORDERED that Defendant will pay to Plaintiff& #039;s counsel James Hunt Miller, as assignee of Plaintiff, the total amount of $3,121.00, representing payment of all Plaintiff's claims for attorney's fees and costs in accordance with 24 U.S.C. 2412(d). Signed by Chief Judge Vaughn R Walker on 1/6/2009. (cgk, COURT STAFF) (Filed on 1/6/2009)

Case 3:07-cv-01054-VRW

Document 27

Filed 12/31/2008

Page 1 of 3

1 2 3 4 5 6

James Hunt Miller (SBCal # 135160) P.O. Box 10891 OAKLAND CA 94610 Telephone: [phone] Facsimile: [phone] E-mail: jim_miller0@ yahoo.com Attorney for Plaintiff

JOSEPH RUSSIONELLO, CSBN 44332 United States Attorney 7 LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, 8 Social Security Administration ELIZABETH FIRER, SBN WI 1034148 9 Special Assistant United States Attorney
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stip eaja - Scholtz v. Comm'r SSA C-07-01054 VRW

Social Security Administration 333 Market St., Suite 1500 San Francisco, California 94102 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ANN YVETTE SCHOLTZ, ) ) Plaintiff, ) ) v. ) ) Michael Astrue, COMMISSIONER ) of the SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. ) _____________________________ ) CIV NO 07-1054 VRW STIPULATION AND [PROPOSED] ORDER FOR COMPROMISE SETTLEMENT OF ATTORNEY FEES AND COSTS PURSUANT TO EQUAL ACCESS TO JUSTICE ACT

The parties, through their respective counsel, stipulate for a compromise settlement of Plaintiff's claim for an award of attorneys' fees and costs pursuant to the Equal Access to Justice Act ("EAJA"), as follows:

1

Case 3:07-cv-01054-VRW

Document 27

Filed 12/31/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1. Defendant shall pay to Plaintiff's counsel James Hunt Miller the total amount of THREE THOUSAND ONE HUNDRED TWENTY-ONE DOLLARS ($3121.00), representing payment of all Plaintiff's claims for attorneys' fees and costs in connection with this action pursuant to the EAJA, in accordance with 28 U.S.C. § 2412(d). Plaintiff has assigned to the fee to James Hunt Miller, and the payee will be James Hunt Miller as assignee of Plaintiff. 2. This stipulation constitutes a compromise settlement of Plaintiff's request for attorneys fees pursuant to the Equal Access to Justice Act ("EAJA"), and does not constitute an admission of liability or fault on the part of Defendant under the EAJA. Payment of the $3121.00 shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA attorneys' fees and costs in connection with this action. This compromise and award is without prejudice to the rights of Plaintiff's counsel to later seek Social Security Act attorney fees, under 42 U.S.C. § 406, subject to any applicable offset provisions. The parties jointly submit this matter with the proposed order below. Date: 12-31-08 James Hunt Miller /s/__James Hunt Miller Attorney for Plaintiff Date: 12-31-08 Joseph Russionello United States Attorney /s/ Elizabeth Firer Elizabeth Firer Special Assistant United States Attorney Attorneys for Defendant

ORDER (PROPOSED)

Pursuant to the parties' stipulation, IT IS ORDERED that Defendant will pay to Plaintiff's Counsel, James Hunt Miller, as assignee of Plaintiff, the total

Stip eaja - Scholtz v. Comm'r SSA C-07-01054 VRW

2

Case 3:07-cv-01054-VRW

Document 27

Filed 12/31/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

amount of $3121.00, representing payment of all Plaintiff's claims for attorneys's fees and costs in connection with this action pursuant to the Equal Access to Justice Act, and in accordance with 24 U.S.C. § 2412(d).
January 6, 2009 DATED: ___________________

UNIT ED

S

S DISTRICT TE___________C _______ ________TA __ __ _

U.S. District Judge Vaughan R. Walker
RT U O

GRAN

TED

ER

N

D IS T IC T R

OF

A

C

LI

aughn R Judge V

FO

Walker

R NIA

Stip eaja - Scholtz v. Comm'r SSA C-07-01054 VRW

NO

RT

H

3