Mustafa v. Astrue

Filing 23

STIPULATION AND ORDER re 22 Awarding Attorney Fees Under the Equal Access to Justice Act. Signed by Judge Patricia V. Trumbull on 11/21/08. (pvtlc1) (Filed on 11/21/2008)

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

JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration SARAH RYAN, State Bar of Texas 17479500 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARY ANN MUSTAFA,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. CV-08-2638 PVT STIPULATION AND [PROPOSED] ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. § 2412(d))

IT IS HEREBY STIPULATED by the parties, through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act in the amount of ONE THOUSAND DOLLARS AND NO CENTS ($1,000). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action for services performed before the district court in accordance with 28 U.S.C. §§ 1920 and 2412(d). This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment in the aforementioned sum under EAJA shall constitute a complete release from and bar to any and all claims, rights, causes of action, liens or subrogated interests relating to attorneys fees and costs incurred

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

in this action under EAJA. The parties further stipulate that Plaintiff has made a valid assignment of all his interest in said attorney's fees to his counsel, HARVEY P. SACKETT. Subject to the approval of the Court, the parties agree that said attorney's fees shall be paid directly to Plaintiff's attorney in said attorney's name at said attorney's address as follows: Harvey P. Sackett Attorney at Law P. O. Box 5025 San Jose, CA 95150-5025. The settlement of Plaintiff's claim for EAJA attorney fees does not preclude Plaintiff's counsel from seeking attorney fees under 42 U.S.C. § 406(b) of the Social Security Act, subject to the offset provisions of the law. Respectfully submitted, Dated: November 20, 2008 /s/ Harvey P. Sackett (As authorized via facsimile) HARVEY P. SACKETT Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By /s/ Sarah Ryan SARAH RYAN Special Assistant United States Attorney Attorneys for Defendant

Dated: November 19, 2008

ORDER IT IS SO ORDERED:

Dated:

11/21/08

THE HONORABLE PATRICIA V. TRUMBULL United States Magistrate Judge 2