Rodriguez v. Commissioner of Social Security

Filing 22

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, signed by Magistrate Judge Gary S. Austin on 3/1/18. (Marrujo, C)

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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.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Stacey Lynn Rodriguez

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STACEY LYNN RODRIGUEZ,

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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-01106-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 Stacey Lynn
Rodriguez be awarded attorney fees in the amount of Four Thousand Three
Hundred dollars ($4,300.00) 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), and
costs in the amount of Four Hundred dollars ($400.00) under 28 U.S.C. § 1920.
This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Stacey Lynn Rodriguez,

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the government will consider the matter of Stacey Lynn Rodriguez's assignment of

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EAJA fees to Denise Bourgeois Haley. The retainer agreement containing the

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assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2529 (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 Stacey Lynn Rodriguez, but if the

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Department of the Treasury determines that Stacey Lynn Rodriguez 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 Lawrence D. Rohlfing, pursuant to the

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assignment executed by Stacey Lynn Rodriguez.1 Any payments made shall be

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delivered to Denise Bourgeois Haley.

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This stipulation constitutes a compromise settlement of Stacey Lynn

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

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of 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 Stacey Lynn Rodriguez 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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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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This award is without prejudice to the rights of Denise Bourgeois Haley

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and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act

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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: February 26, 2018

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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 Stacey Lynn Rodriguez

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DATED: February 26, 2018

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/s/ Ben A. Porter

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BEN A. PORTER
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)

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McGREGOR W. SCOTT
United States Attorney

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ORDER
Pursuant to the parties’ stipulation (Doc. 21), Plaintiff shall be awarded

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attorney fees in the amount of Four Thousand Three Hundred dollars ($4,300.00)
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and expenses in the amount of Twenty Five dollars ($25.00) under the Equal
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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of
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Four Hundred dollars ($400.00) under 28 U.S.C. § 1920. Attorney’s fees shall be

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paid pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), and in accordance
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with the above stipulation.
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IT IS SO ORDERED.
Dated:

March 1, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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