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)

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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.: (562)437-7006 Fax: (562)432-2935 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-

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