Gloria P. Ruiz v. Commissioner of Social Security

Filing 38

ORDER on 37 Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act and Costs, signed by Magistrate Judge Barbara A. McAuliffe on 4/9/2021. (Marrujo, C)

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Lawrence D. Rohlfing
Attorney at Law: 119433
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]

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Attorneys for Plaintiff
Gloria Paredes Ruiz

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GLORIA PAREDES RUIZ,

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Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,

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Defendant.
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Case No.: 1:17-cv-00180-BAM
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)
AND COSTS PURSUANT TO 28
U.S.C. § 1920

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TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Gloria Paredes Ruiz

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be awarded attorney fees and expenses in the amount of eleven thousand five

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hundred dollars ($11,500.00) under the Equal Access to Justice Act (EAJA), 28

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U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, including the appellate court proceedings in Ninth

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Circuit Case No. 20-15286, and in accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Gloria Paredes Ruiz, the

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government will consider the matter of Gloria Paredes Ruiz's assignment of EAJA

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fees to Lawrence D. Rohlfing. 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 Gloria Paredes Ruiz, but if the Department of

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the Treasury determines that Gloria Paredes Ruiz 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 Gloria Paredes Ruiz.1 Any payments made shall be delivered to

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Lawrence D. Rohlfing.

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This stipulation constitutes a compromise settlement of Gloria Paredes

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Ruiz'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 Gloria Paredes Ruiz and/or Lawrence D. Rohlfing 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 and Ninth Circuit action No. 20-15286.

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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 Lawrence D. Rohlfing and/or

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the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees

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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: April 6, 2021

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Lawrence D. Rohlfing
BY: __________________
Lawrence D. Rohlfing
Attorney for plaintiff Gloria Paredes Ruiz

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Respectfully submitted,

DATED: April 8, 2021

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PHILLIP TALBERT
Acting United States Attorney

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/s/ Shea L. Bond

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SHEA L. BOND
Special Assistant United States Attorney
Attorneys for Defendant ANDREW SAUL,
Commissioner of Social Security
(Per e-mail authorization)

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ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Attorney

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Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. §

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2412(d) and Costs Pursuant to 28 U.S.C. § 1920, filed on April 8, 2021 (Doc. No.

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37.):

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IT IS HEREBY ORDERED that attorney fees in the amount of ELEVEN
THOUSAND AND FIVE HUNDRED DOLLARS ($11,500.00) be awarded
subject to the terms of the stipulation.
IT IS SO ORDERED.
Dated:

/s/ Barbara

April 9, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the county of Los Angeles, State of California. I am over

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the age of 18 and not a party to the within action. My business address is 12631

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East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670.

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On this day of April 8, 2021, I served the foregoing document described as

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STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES

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AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

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28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the

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interested parties in this action by placing a true copy thereof enclosed in a sealed

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envelope addressed as follows:

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Ms. Gloria Paredes Ruiz
258 W. 700 South #217
Salt Lake City, UT 84101

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I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Santa Fe Springs, California.
I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
I declare that I am employed in the office of a member of this court at whose
direction the service was made.
Lawrence D. Rohlfing
TYPE OR PRINT NAME

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/s/ Lawrence D. Rohlfing____________
SIGNATURE

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CERTIFICATE OF SERVICE
FOR CASE NUMBER 1:17-CV-00180-BAM

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I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on April 8, 2021.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except the plaintiff

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served herewith by mail.
/s/ Lawrence D. Rohlfing
_______________________________
Lawrence D. Rohlfing
Attorneys for Plaintiff