Aminzadeh v. Astrue

Filing 23

STIPULATION and ORDER for the Award and payment of Attorney Fees and Expenses pursuant to the Equal Access to Justice Act, 28 USC 2512(d), signed by Magistrate Judge Gary S. Austin on 10/19/2011. (Kusamura, W)

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Laura E. 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]

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Attorneys for Plaintiff
Wendy A. Aminazadeh

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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WENDY A. AMINAZADEH,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No.: 1:10-cv-01068 GSA
STIPULATION AND 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)

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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 Wendy A.
Aminazadeh be awarded attorney fees and expenses in the amount of THREE
THOUSAND SEVEN HUNDRED dollars ($3,700.00) 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).

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After the Court issues an order for EAJA fees to Wendy A. Aminazadeh,

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the government will consider the matter of Wendy A. Aminazadeh's assignment of

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EAJA fees to Laura E. Krank. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-

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2253 (2010), the ability to honor the assignment will depend on whether the fees

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are subject to any offset allowed under the United States Department of the

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Treasury's Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Wendy A. Aminazadeh, but if the
Department of the Treasury determines that Wendy A. Aminazadeh does not owe a

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federal debt, then the government shall cause the payment of fees, expenses and

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costs to be made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to

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the assignment executed by Wendy A. Aminazadeh. Any payments made shall be

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delivered to Laura E. Krank.

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This stipulation constitutes a compromise settlement of Wendy A.

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Aminazadeh's request for EAJA attorney fees, and does not constitute an

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admission of liability on the part of Defendant under the EAJA. Payment of the

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agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Wendy A. Aminazadeh and/or Laura E. Krank including Law Offices

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of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in

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connection with this action.

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

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by the collection of a federal debt owed by Wendy A. Aminazadeh violates 31

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C.F.R. § 285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009).

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Nothing in this stipulation shall be construed as an admission by Laura E. Krank

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

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pursuant to this stipulation.

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

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Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42

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U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: September 20, 2011

Respectfully submitted,

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ROHLFING & KALAGIAN, LLP

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/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Wendy A. Aminazadeh

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DATED: October 17, 2011
BENJAMIN B. WAGNER
United States Attorney

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/s/ Daniel P. Talbert

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

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ORDER
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As per the stipulation of the parties, Plaintiff’s counsel, Laura Krank, shall

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be awarded THREE THOUSAND SEVEN HUNDRED dollars ($3,700.00) in

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attorney fees under 28 U.S.C. § 2412(d) pursuant to the conditions set forth above.

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IT IS SO ORDERED.
Dated:

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October 19, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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