Dorantes v. Commissioner of Social Security

Filing 19

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) and Costs Pursuant to 28 U.S.C. 1920 re 18 signed by Magistrate Judge Gary S. Austin on 4/29/2015. (Martinez, A)

Young Cho
Attorney at Law: 189870
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Javier Camberos Dorantes

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAVIER CAMBEROS DORANTES,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 1:14-cv-01301-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) AND COSTS PURSUANT
TO 28 U.S.C. § 1920
(ECF No. 18)

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 Javier Camberos
Dorantes be awarded attorney fees and expenses in the amount of one thousand
five hundred dollars ($1,500.00) 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).

After the Court issues an order for EAJA fees to Javier Camberos Dorantes,
the government will consider the matter of Javier Camberos Dorantes's assignment
of EAJA fees to Young Cho. 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 Javier Camberos Dorantes, but if the
Department of the Treasury determines that Javier Camberos Dorantes 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, pursuant to
the assignment executed by Javier Camberos Dorantes. United States v.
$186,416.00, 722 F.3d 1173, 1176 (9th Cir. 2013) ($186,416.00 II) (ordering fees
paid to counsel because of an assignment that did not interfere with a raised
superior lien).1 Any payments made shall be delivered to Young Cho.

1

The Commissioner does not stipulate to the citation of $186,416.00 II, and will
not participate in representing to this Court that it carries legal import in these
proceedings. $186,416 II involved a different statute and very different factual
circumstances than those presented here, or in other Social Security cases.
Because the parties have agreed to the payment of EAJA fees, and the amount, and
to avoid motion practice solely related to Plaintiff’s citation, the Commissioner
agrees to this stipulation. The Commissioner reserves the right to challenge the
applicability of $186,416 II to any Social Security case, and this Stipulation should
not be construed as a waiver of such reservation.
Javier Dorantes contends that U.S. v. $186,416.00 in U.S. Currency, 642 F.3d 753,
757 (9th Cir. 2011) ($186,416.00 I) held that there is no functional difference
between the CAFRA and EAJA in terms of "ownership" of the fee.

This stipulation constitutes a compromise settlement of Javier Camberos
Dorantes'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 Javier Camberos Dorantes and/or Young Cho including Law Offices of
Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with
this action.
This award is without prejudice to the rights of Young Cho and/or the Law
Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: April 27, 2015
Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Javier Camberos Dorantes

DATE: April 27, 2015

BENJAMIN B. WAGNER
Acting United States Attorney
/s/ Annabelle J. Yang
Annabelle J. Yang
Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin,
Acting Commissioner of Social Security
(Per e-mail authorization)

ORDER
Pursuant to the above stipulation between the parties, the Plaintiff shall be
awarded attorney fees and expenses in the amount of one thousand five hundred
dollars ($1,500.00) under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
This award is subject to the terms of the above-referenced stipulation and
payments shall be made pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),
as outlined above.
IT IS SO ORDERED.
Dated:

April 29, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE