Intharinh v. Commissioner of Social Security
Filing
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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.)
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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.: (562) 868-5886
Fax: (562) 868-8868
E-mail: rohlfing.office@rohlfinglaw.com
Attorneys for Plaintiff
Jasmine Suzi Intharinh
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JASMINE SUZI INTHARINH,
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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.: 2:16-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
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TO THE HONORABLE CRAIG M. KELLISON, 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 Jasmine Suzi
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Intharinh be awarded attorney fees in the amount of three thousand dollars
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($3,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
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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 Jasmine Suzi Intharinh, the
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government will consider the matter of Jasmine Suzi Intharinh's assignment of
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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 Jasmine Suzi Intharinh, but if the Department
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of the Treasury determines that Jasmine Suzi Intharinh does not owe a federal debt,
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then the government shall cause the payment of fees, expenses and costs to be
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made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment
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executed by Jasmine Suzi Intharinh. 1 Any payments made shall be delivered to
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Young Cho.
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This stipulation constitutes a compromise settlement of Jasmine Suzi
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Intharinh'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 Jasmine Suzi Intharinh 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: September 5, 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 Jasmine Suzi Intharinh
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DATE: September 5, 2017
PHILLIP A. TALBERT
Acting United States Attorney
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/s/ Michael K. Marriott*
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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)
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ORDER
Approved and so ordered:
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Dated: September 11, 2017
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___________________________________
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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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 September 5, 2017, I served the foregoing document
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I am employed in the county of Los Angeles, State of California. I am over
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described as STIPULATION FOR THE AWARD AND PAYMENT OF
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ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS
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TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C.
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§ 1920 on the interested parties in this action by placing a true copy thereof
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enclosed in a sealed envelope addressed as follows:
Ms. Jasmine Suzi Intharinh
751 Mussel Shoals Ave
Shasta Lake, CA 96019
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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
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direction the service was made.
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Young Cho ___
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TYPE OR PRINT NAME
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/s/ Young Cho____________
SIGNATURE
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