Zoto v. The Commissioner of Social Security

Filing 18

STIPULATION AND ORDER for Compromise Settlement of Attorney Fees and Costs Pursuant to Equal Access to Justice Act re 17 . Signed by Judge Jeremy Fogel on 4/24/09. (dlm, COURT STAFF) (Filed on 4/24/2009)

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JAMES HUNT MILLER (St.BarCal.# 135160) P.O. Box 10891 2 OAKLAND CA 94610 P:(510) 451-2132 3 F:(510) 451-0824 e:jim_miller0@yahoo.com 1 4 Attorney for Plaintiff 5 JOSEPH RUSSIONELLO, CSBN 44332 United States Attorney 7 LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, 8 Social Security Administration THEOPHOUS H. REAGANS, Jr. CSBN 189450 9 Special Assistant United States Attorney 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Social Security Administration 333 Market St., Suite 1500 San Francisco, California 94102 Tel: (415) 977-8937 Fax: (415) 744-0134 Email: elizabeth.firer@ssa.gov Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Barbara Zoto, ) ) Plaintiff, ) ) vs. ) ) Michael Astrue, COMMISSIONER ) of the SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. ) _____________________________ ) No. CV 07-02972 JF -------------------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 24 settlement of Plaintiff's claim for an award of attorneys' fees and costs pursuant to 25 the Equal Access to Justice Act ("EAJA"), as follows: 26 1. Defendant shall pay to Plaintiff's counsel James Hunt Miller the total 27 amount of TWO THOUSAND NINE HUNDRED FIFTY THREE DOLLARS 28 Stp/Ord - eaja Zoto v. SSA 07-2972 JF 1 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 ($2953.00), representing payment of all Plaintiff's claims for attorneys' fees and costs pursuant to the EAJA, in accordance with 28 U.S.C. 2412(d). Because Plaintiff has assigned to the fee to her attorney James Hunt Miller, the payee will be James Hunt Miller. 2. This stipulation constitutes a compromise settlement of Plaintiff's request for attorneys fees pursuant to the EAJA, and does not constitute an admission of liability or fault on the part of Defendant under the EAJA. Payment of the $2953.00 shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA attorneys' fees and costs in 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: 04-21-09 James Hunt Miller /s/ James Hunt Miller Attorney for Plaintiff Date: April 21, 2009 Joseph Russionello United States Attorney /s/ Theophous H. Reagans, Jr. 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 amount of $2953.00, 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). 4/24/09 DATED: ___________________ _______________________________ U.S. District Judge Jeremy Fogel Stp/Ord - eaja Zoto v. SSA 07-2972 JF 2

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