Rodriguez v. Commissioner of Social Security

Filing 28

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) signed by Magistrate Judge Gary S. Austin on 4/6/2012. (Bradley, A)

1
2
3
4
5
6

Marc V. Kalagian
Attorney at Law: 149034
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
Pio Rodriguez

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

PIO RODRIGUEZ,

11
Plaintiff,
12
13
14
15

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

16

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

Case No.: 1:10-cv-1255 GSA
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 Pio Rodriguez be
awarded attorney fees and expenses in the amount of THREE THOUSAND dollars
($3,000.00) 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 Pio Rodriguez, the

2

government will consider the matter of Pio Rodriguez's assignment of EAJA fees

3

to Marc V. Kalagian. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253

4

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

5

subject to any offset allowed under the United States Department of the Treasury's

6

Offset Program. After the order for EAJA fees is entered, the government will

7

determine whether they are subject to any offset.

8

Fees shall be made payable to Pio Rodriguez, but if the Department of the

9

Treasury determines that Pio Rodriguez does not owe a federal debt, then the

10

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 Pio Rodriguez. Any payments made shall be delivered to Marc V.

13

Kalagian.

14

This stipulation constitutes a compromise settlement of Pio Rodriguez's

15

request for EAJA attorney fees, and does not constitute an admission of liability on

16

the part of Defendant under the EAJA. Payment of the agreed amount shall

17

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

18

Rodriguez and/or Marc V. Kalagian including Law Offices of Rohlfing &

19

Kalagian, LLP may have relating to EAJA attorney fees in connection with this

20

action.

21

Marc V. Kalagian reserves the right to contend that any non-payment caused

22

by the collection of a federal debt owed by Pio Rodriguez violates 31 C.F.R. §

23

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

24

this stipulation shall be construed as an admission by Marc V. Kalagian that the

25

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

26

to this stipulation.

27
28

-2-

1

This award is without prejudice to the rights of Marc V. Kalagian and/or

2

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

3

U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: April 5, 2012
Respectfully submitted,

4

ROHLFING & KALAGIAN, LLP

5

/s/ Marc V. Kalagian
BY: __________________
Marc V. Kalagian
Attorney for plaintiff Pio Rodriguez

6
7
8
9

DATED: April 5, 2012
BENJAMIN B. WAGNER
United States Attorney

10
11

/s/ Kathryn R. Watson

12

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

13
14
15
16

ORDER

17
18
19
IT IS SO ORDERED.

20
Dated:

21

April 6, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

22

6i0kij8d

23
24
25
26
27
28

-3-