Opinion
2:22-cv-01752-VCF
07-07-2023
RIMMA ROSE ALEJANDRO, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC Marc V. Kalagian Attorney for plaintiff RIMMA ROSE ALEJANDRO JASON M. FRIERSON United States Attorney DAVID PRIDDY Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) Leonard Stone Attorney at Law: 5791 Shook & Stone
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC
Marc V. Kalagian Attorney for plaintiff RIMMA ROSE ALEJANDRO
JASON M. FRIERSON United States Attorney
DAVID PRIDDY Special Assistant United States Attorney Attorneys for Defendant
KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization)
Leonard Stone Attorney at Law: 5791 Shook & Stone
STIPULATION AND PROPOSED ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920
THE HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE
TO THE HONORABLE CAM FERENBACH, MAGISTRATE JUDGE OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Rimma Rose Alejandro be awarded attorney fees in the amount of THREE THOUSAND FOUR HUNDRED dollars ($3,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).
After the Court issues an order for EAJA fees to Rimma Rose Alejandro, the government will consider the matter of Rimma Rose Alejandro's assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.
Fees shall be made payable to Rimma Rose Alejandro, but if the Department of the Treasury determines that Rimma Rose Alejandro does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Rimma Rose Alejandro. Any payments made shall be delivered to Law Offices of Lawrence D. Rohlfing, Inc., CPC.
The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the recovery of EAJA fees that survives the Treasury Offset Program.
This stipulation constitutes a compromise settlement of Rimma Rose Alejandro's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Rimma Rose Alejandro and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Marc Kalagian and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
ORDER
Approved and so ordered:
IT IS FURTHER ORDERED that ECF No. 28, is DENIED as MOOT.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 12631 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670.
On this day of July 6, 2023, I served the foregoing document described as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
Ms. Rimma Rose Alejandro
851 Apperson Circle
Las Vegas, NV 89123
I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California.
I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
I declare that I am employed in the office of a member of this court at whose direction the service was made.
Marc V. Kalagian