Mitchener v. Commissioner of Social Security
Filing
27
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/25/2018 GRANTING the parties through their undersigned counsel, that Richard Mitchener be awarded attorney fees in the amount of $3,900.00 under the Equal Access to Justice Act, 28:2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:1920; 2412(d). (Reader, L)
1
2
3
4
Laura E. Krank
Attorney at Law: 220208
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: (562) 437-7006
Fax: (562) 432-2935
E-mail: rohlfing.kalagian@rksslaw.com
5
6
Attorneys for Plaintiff
Richard Mitchener
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
RICHARD MITCHENER,
11
Plaintiff,
12
vs.
13
14
15
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
16
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 2:16-cv-1885-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)
17
18
19
20
21
22
23
24
25
26
TO THE HONORABLE EDMUND F. BRENNAN, 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 Richard Mitchener
be awarded attorney fees in the amount of Three Thousand Nine Hundred dollars
($3,900.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
This amount represents compensation for all legal services rendered on behalf of
Plaintiff by counsel in connection with this civil action, in accordance with 28
U.S.C. §§ 1920; 2412(d).
-1-
1
After the Court issues an order for EAJA fees to Richard Mitchener, the
2
government will consider the matter of Richard Mitchener's assignment of EAJA
3
fees to Laura E. Krank. The retainer agreement containing the assignment is
4
attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),
5
the ability to honor the assignment will depend on whether the fees are subject to
6
any offset allowed under the United States Department of the Treasury's Offset
7
Program. After the order for EAJA fees is entered, the government will determine
8
whether they are subject to any offset.
9
Fees shall be made payable to Richard Mitchener, but if the Department of
10
the Treasury determines that Richard Mitchener does not owe a federal debt, then
11
the government shall cause the payment of fees, expenses and costs to be made
12
directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment
13
executed by Richard Mitchener.1 Any payments made shall be delivered to Laura
14
E. Krank.
15
This stipulation constitutes a compromise settlement of Richard Mitchener's
16
request for EAJA attorney fees, and does not constitute an admission of liability on
17
the part of Defendant under the EAJA or otherwise. Payment of the agreed amount
18
shall constitute a complete release from, and bar to, any and all claims that Richard
19
Mitchener and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian,
20
LLP may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Laura E. Krank and/or the
21
22
Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney
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
fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
2
EAJA.
3
DATE: May 25, 2018
Respectfully submitted,
4
ROHLFING & KALAGIAN, LLP
5
/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Richard Mitchener
6
7
8
DATED: May 25, 2018
9
MCGREGOR W. SCOTT
United States Attorney
10
/s/ Margaret I. Branick-Abilla
11
MARGARET I. BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant NANCY A.
BERRYHILL, Acting Commissioner of Social
Security (Per e-mail authorization)
12
13
14
15
16
ORDER
17
18
19
Approved and so ordered.
DATED: June 25, 2018.
20
21
22
23
24
25
26
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?