Opinion
2:22-cv-01926-BNW
04-24-2023
NATALIE GENE NOLT, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC Gerald M. Welt Attorney at Law: 1575 Attorneys for Plaintiff Natalie Gene Nolt LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC Marc V. Kalagian Attorney for plaintiff ATALIE GENE NOLT JASON M. FRIERSON United States Attorney JUSTIN L. MARTIN Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization)
Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC Gerald M. Welt Attorney at Law: 1575 Attorneys for Plaintiff Natalie Gene Nolt
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC Marc V. Kalagian Attorney for plaintiff ATALIE GENE NOLT
JASON M. FRIERSON United States Attorney
JUSTIN L. MARTIN Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization)
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
HONORABLE BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
TO THE HONORABLE BRENDA WEKSLER, 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 Natalie Gene Nolt be awarded attorney fees and expenses in the amount of FOURTEEN HUNDRED dollars ($1,400.00) 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 Natalie Gene Nolt, the government will consider the matter of Natalie Gene Nolt'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 Natalie Gene Nolt, but if the Department of the Treasury determines that Natalie Gene Nolt 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 Natalie Gene Nolt. Any payments made shall be delivered to Marc Kalagian.
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 Natalie Gene Nolt'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 Natalie Gene Nolt 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:
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 April 20, 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. Natalie Gene Nolt
910 Rocky Stone Ave.
N Las Vegas, NV 89081
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.
CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-01926-BNW
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for this court by using the CM/ECF system on April 20, 2023.
I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system, except the plaintiff served herewith by mail.