Frederick W. Boykin v. Commissioner of Social Security
Filing
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ORDER re Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Justice Act, 28 U.S.C. 2412(d) and Costs Pursuant to 28 U.S.C. 1920 signed by Magistrate Judge Gary S. Austin on 8/6/2017. (Jessen, A)
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Denise Bourgeois Haley
Attorney at Law: 143709
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: (562) 868-5886
Fax: (562) 868-8868
E-mail: rohlfing.office@rohlfinglaw.com
Attorneys for Plaintiff
Fredrick W. Boykin
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FREDRICK W. BOYKIN,
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Plaintiff,
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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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Case No.: 1:16-cv-00853-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
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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 Fredrick W. Boykin
be awarded attorney fees in the amount of One Thousand Five Hundred dollars
($1,500.00) and expenses in the amount of Twenty Five dollars ($25.00) 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 Fredrick W. Boykin, the
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government will consider the matter of Fredrick W. Boykin's assignment of EAJA
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fees to Denise Bourgeois Haley. The retainer agreement containing the assignment
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is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),
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the ability to honor the assignment will depend on whether the fees are subject to
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any offset allowed under the United States Department of the Treasury's Offset
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Program. After the order for EAJA fees is entered, the government will determine
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whether they are subject to any offset.
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Fees shall be made payable to Fredrick W. Boykin, but if the Department of
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the Treasury determines that Fredrick W. Boykin does not owe a federal debt, then
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the government shall cause the payment of fees, expenses and costs to be made
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directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment
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executed by Fredrick W. Boykin.1 Any payments made shall be delivered to
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Denise Bourgeois Haley.
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This stipulation constitutes a compromise settlement of Fredrick W.
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Boykin's request for EAJA attorney fees, and does not constitute an admission of
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liability on the part of Defendant under the EAJA or otherwise. 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 Fredrick W. Boykin and/or Denise Bourgeois Haley including Law
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Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in
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connection with this action.
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This award is without prejudice to the rights of Denise Bourgeois Haley
and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act
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The parties do not stipulate whether counsel for the plaintiff has a cognizable lien
under federal law against the recovery of EAJA fees that survives the Treasury
Offset Program.
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attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
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the EAJA.
DATE: July 27, 2017
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Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
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/s/ Denise Bourgeois Haley
BY: __________________
Denise Bourgeois Haley
Attorney for plaintiff Fredrick W. Boykin
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DATED: July 27, 2017
PHILLIP A. TALBERT
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 NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)
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ORDER
Pursuant to the stipulation of the parties (Doc. 23), Plaintiff shall be awarded
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attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
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2412(d), in the amount of ONE THOUSAND FIVE HUNDRED dollars and
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ZERO cents ($1,500.00) and expenses in the amount of TWENTY-FIVE dollars
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and ZERO cents ($25.00). Payment shall be made pursuant to Astrue v. Ratcliff,
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130 S. Ct. 2521 (2010) in accordance with the terms of the stipulation outlined
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above.
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IT IS SO ORDERED.
Dated:
August 6, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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