Intharinh v. Commissioner of Social Security

Filing 27

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 9/11/2017 AWARDING the plaintiff $3,000.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Michel, G.)

1
2
3
4
5
6

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
Jasmine Suzi Intharinh

7
8
9
10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

JASMINE SUZI INTHARINH,

15

Plaintiff,

16

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

17
18

Defendant.
19

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-01236-CMK
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

20
21
22
23

TO THE HONORABLE CRAIG M. KELLISON, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their

24

undersigned counsel, subject to the approval of the Court, that Jasmine Suzi

25

Intharinh be awarded attorney fees in the amount of three thousand dollars

26

($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
-1-

1

This amount represents compensation for all legal services rendered on behalf of

2

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

3

U.S.C. §§ 1920; 2412(d).

4

After the Court issues an order for EAJA fees to Jasmine Suzi Intharinh, the

5

government will consider the matter of Jasmine Suzi Intharinh's assignment of

6

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

7

attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),

8

the ability to honor the assignment will depend on whether the fees are subject to

9

any offset allowed under the United States Department of the Treasury's Offset

10

Program. After the order for EAJA fees is entered, the government will determine

11

whether they are subject to any offset.

12

Fees shall be made payable to Jasmine Suzi Intharinh, but if the Department

13

of the Treasury determines that Jasmine Suzi Intharinh does not owe a federal debt,

14

then the government shall cause the payment of fees, expenses and costs to be

15

made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

16

executed by Jasmine Suzi Intharinh. 1 Any payments made shall be delivered to

17

Young Cho.

18

This stipulation constitutes a compromise settlement of Jasmine Suzi

19

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

20

liability on the part of Defendant under the EAJA or otherwise. Payment of the

21

agreed amount shall constitute a complete release from, and bar to, any and all

22

claims that Jasmine Suzi Intharinh and/or Young Cho including Law Offices of

23
24
25
26

1

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.
-2-

1

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

2

this action.

3

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

4

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

5

42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: September 5, 2017
Respectfully submitted,

6

LAW OFFICES OF LAWRENCE D. ROHLFING

7

/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Jasmine Suzi Intharinh

8
9
10
11

DATE: September 5, 2017

PHILLIP A. TALBERT
Acting United States Attorney

12
/s/ Michael K. Marriott*

13

MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (*Per e-mail authorization by Jeffrey T.
Chen, Assistant Regional Counsel)

14
15
16
17
18
19
20

ORDER
Approved and so ordered:

21
22

Dated: September 11, 2017

23
24

___________________________________

25
26
-3-

PROOF OF SERVICE

3

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

4

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

5

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

6

On this day of September 5, 2017, I served the foregoing document

1
2

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

7

described as STIPULATION FOR THE AWARD AND PAYMENT OF

8

ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS

9

TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C.

10

§ 1920 on the interested parties in this action by placing a true copy thereof

11

enclosed in a sealed envelope addressed as follows:
Ms. Jasmine Suzi Intharinh
751 Mussel Shoals Ave
Shasta Lake, CA 96019

12
13
14
15
16
17
18

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

19

direction the service was made.

20

Young Cho ___

21

TYPE OR PRINT NAME

22
23
24
25
26

/s/ Young Cho____________
SIGNATURE