Lawrence v. Commissioner of Social Security

Filing 24

AMENDED 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 ORDER signed by Magistrate Judge Gary S. Austin on 5/12/2011. The instant stipulation shall supersede the previous stipulations executed by this Court regarding an award of EAJA fees.(Bradley, A)

1
2
3
4
5
6

Laura Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
David M. Lawrence

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10

DAVID M. LAWRENCE,

11
Plaintiff,
12
13
14
15

vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

16

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:09-CV-1008 GSA
AMENDED 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)

17
18
19
20
21
22
23
24
25
26
27
28

TO THE HONORABLE GARY S. AUSTIN, 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 David M. Lawrence
be awarded attorney fees and expenses in the amount of FOUR THOUSAND ONE
HUNDRED THIRTY dollars ($4,130.00) under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412(d). 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).

-1-

1

After the Court issues an order for EAJA fees to David M. Lawrence, the

2

government will consider the matter of David M. Lawrence's assignment of EAJA

3

fees to Laura Krank. Pursuant to Astrue v. Ratliff, ___ U.S. ___, 2010 WL

4

2346547 (June 14, 2010), the ability to honor the assignment will depend on

5

whether the fees are subject to any offset allowed under the United States

6

Department of the Treasury's Offset Program. After the order for EAJA fees is

7

entered, the government will determine whether they are subject to any offset.

8

Fees shall be made payable to David M. Lawrence, but if the Department of

9

the Treasury determines that David M. Lawrence does not owe a federal debt, then

10

the government shall cause the payment of fees, expenses and costs to be made

11

directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment

12

executed by David M. Lawrence. Any payments made shall be delivered to Laura

13

Krank.

14

This stipulation constitutes a compromise settlement of David M.

15

Lawrence's request for EAJA attorney fees, and does not constitute an admission of

16

liability on the part of Defendant under the EAJA. Payment of the agreed amount

17

shall constitute a complete release from, and bar to, any and all claims that David

18

M. Lawrence and/or Laura Krank including Law Offices of Rohlfing & Kalagian,

19

LLP may have relating to EAJA attorney fees in connection with this action.

20

Laura Krank reserves the right to contend that any non-payment caused by

21

the collection of a federal debt owed by David M. Lawrence violates 31 C.F.R. §

22

285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in

23

this stipulation shall be construed as an admission by Laura Krank that the

24

Government has the right or authority to offset the fees due and payable pursuant

25

to this stipulation.

26
27
28

-2-

1

This award is without prejudice to the rights of Laura Krank and/or Rohlfing

2

& Kalagian, LLP to seek Social Security Act attorney fees under 42 U.S.C. §

3

406(b), subject to the savings clause provisions of the EAJA.
DATE: November 30, 2010
Respectfully submitted,

4

ROHLFING & KALAGIAN, LLP

5

/s/ Laura Krank
BY: __________________
Laura Krank
Attorney for plaintiff David M. Lawrence

6
7
8
9

DATED: November 30, 2010
BENJAMIN WAGNER
United States Attorney
LEON W. WEIDMAN
Chief, Civil Division

10
11
12

/s/ Shea L. Bond

13

Shea L. Bond
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)

14
15
16
17
18
19

ORDER
The instant stipulation shall supersede the previous stipulations executed by
this Court regarding an award of EAJA fees. (See Docs. 20 & 22.) As represented
by the parties, the previous stipulations contained a clerical error. That error has
been corrected by the foregoing stipulation.

20
21

IT IS SO ORDERED.

22

Dated:

May 12, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

23

DEAC_Signature-END:

24

i70h38d6

25
26
27
28

-3-