Whitehouse v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/24/2017 ORDERING that James Scott Whitehouse is awarded attorney fees in the amount of four thousand dollars ($4,000.00), and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920. (Zignago, K.)

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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
James Scott Whitehouse

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES SCOTT WHITEHOUSE,

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Plaintiff,

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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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Case No.: 2:15-cv-02556-EFB
STIPULATION AND PROPOSED
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 EDMUND F. BRENNAN, MAGISTRATE
JUDGE OF THE UNITED STATES 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 James Scott

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Whitehouse be awarded attorney fees in the amount of four thousand dollars

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($4,000.00), and costs in the amount of four hundred dollars ($400.00) under 28
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U.S.C. § 1920. This amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to James Scott Whitehouse,

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the government will consider the matter of James Scott Whitehouse's assignment

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of EAJA fees to Young Cho. The retainer agreement containing the assignment is

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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 James Scott Whitehouse, but if the

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Department of the Treasury determines that James Scott Whitehouse does not owe

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a 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 James Scott Whitehouse.1 Any payments made shall be

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delivered to Young Cho.

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This stipulation constitutes a compromise settlement of James Scott

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Whitehouse'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 James Scott Whitehouse and/or Young Cho including Law Offices of

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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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Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with

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this action.

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This award is without prejudice to the rights of Young Cho and/or the Law

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

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42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: May 23, 2017
Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff James Scott Whitehouse

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DATE: May 23, 2017

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Sharon Lahey

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SHARON LAHEY
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

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Approved and so ordered.
DATED: May 24, 2017.

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