Johnson v. Astrue

Filing 20

STIPULATION AND ORDER re 19 for the Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act. Signed by Judge Whyte on 05/17/2011. (rmwlc1, COURT STAFF) (Filed on 5/17/2011)

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Marc V. Kalagian
Attorney at Law: 149034
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Tina Johnson

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TINA JOHNSON,

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Plaintiff,
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vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No.: C-08-02558 RMW
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)

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TO THE HONORABLE RONALD M. WHYTE, MAGISTRATE JUDGE
OF THE DISTRICT COURT:

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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 Tina Johnson be

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awarded attorney fees and expenses in the amount of TWO THOUSAND FIVE

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HUNDRED dollars ($2,500.00) under the Equal Access to Justice Act (EAJA), 28

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U.S.C. § 2412(d). 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 Tina Johnson, the

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government will consider the matter of Tina Johnson's assignment of EAJA fees to

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Marc V. Kalagian. Pursuant to Astrue v. Ratliff, ___ U.S. ___, 2010 WL 2346547

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(June 14, 2010), the ability to honor the assignment will depend on whether the

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fees are subject to any offset allowed under the United States Department of the

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Treasury's Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Tina Johnson, but if the Department of the

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Treasury determines that Tina Johnson does not owe a federal debt, then the

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

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directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment

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executed by Tina Johnson. Any payments made shall be delivered to Marc V.

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Kalagian.

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This stipulation constitutes a compromise settlement of Tina Johnson's

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request for EAJA attorney fees, and does not constitute an admission of liability on

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the part of Defendant under the EAJA. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Tina Johnson

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and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian, LLP may

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have relating to EAJA attorney fees in connection with this action.

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Marc V. Kalagian reserves the right to contend that any non-payment caused

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by the collection of a federal debt owed by Tina Johnson violates 31 C.F.R. §

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285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in

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this stipulation shall be construed as an admission by Marc V. Kalagian that the

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Government has the right or authority to offset the fees due and payable pursuant

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to this stipulation.

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This award is without prejudice to the rights of Marc V. Kalagian and/or

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Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42

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U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: April 27, 2011
Respectfully submitted,

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ROHLFING & KALAGIAN, LLP

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/s/ Marc V. Kalagian
BY: __________________
Marc V. Kalagian
Attorney for plaintiff Tina Johnson

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DATED: April 27, 2011
BENJAMIN B. WAGNER
United States Attorney

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/s/ Armand D. Roth

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Armand D. Roth
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)

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PURSUANT TO STIPULATION, IT IS SO ORDERED that fees and expenses in
the amount of $2,500.00 as authorized by 28 U.S.C. § 2412).

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Dated: 05/17/2011

_____________________________
THE HONORABLE RONALD M. WHYTE
United States Magistrate Judge

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