Cismaru v. Colvin

Filing 33

ORDER granting 32 Stipulation for the Award and Payment of Attorney Fees and Expenses; David I. Cismaru be awarded attorney fees and expenses in the amount of $3,750.00. Signed by Magistrate Judge George Foley, Jr on 12/6/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:14-cv-01432-RFB-GWF Document 32 Filed 12/05/17 Page 1 of 5

1
2
3
4

Marc V. Kalagian
Attorney at Law: 4460
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

5
6

Attorneys for Plaintiff
David I. Cismaru

7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA

9
10
DAVID I. CISMARU,
11
Plaintiff,
12
vs.
13
14
15

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

16

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

Case No.: 2:14-cv-01432-RFB-GWF
STIPULATION 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

17
18
19
20
21
22
23
24
25

TO THE HONORABLE GEORGE FOLEY, 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 David I. Cismaru be
awarded attorney fees and expenses in the amount of THREE THOUSAND
SEVEN HUNDRED FIFTY dollars ($3,750) under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount
represents compensation for all legal services rendered on behalf of Plaintiff by

26
27
28

-1-

Case 2:14-cv-01432-RFB-GWF Document 32 Filed 12/05/17 Page 2 of 5

1

counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

2

2412(d).

3

After the Court issues an order for EAJA fees to David I. Cismaru, the

4

government will consider the matter of David I. Cismaru's assignment of EAJA

5

fees to Marc V. Kalagian. The retainer agreement containing the assignment is

6

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

7

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

8

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

9

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

10

whether they are subject to any offset.

11

Fees shall be made payable to David I. Cismaru, but if the Department of

12

the Treasury determines that David I. Cismaru does not owe a federal debt, then

13

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

14

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

15

executed by David I. Cismaru.1 Any payments made shall be delivered to Marc V.

16

Kalagian.

17

This stipulation constitutes a compromise settlement of David I. Cismaru's

18

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

19

the part of Defendant under the EAJA or otherwise. Payment of the agreed amount

20

shall constitute a complete release from, and bar to, any and all claims that David I.

21

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

22

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

23
24
25
26
27
28

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-

Case 2:14-cv-01432-RFB-GWF Document 32 Filed 12/05/17 Page 3 of 5

1

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

2

Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney

3

fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the

4

EAJA.

5

DATE: November 27, 2017

Respectfully submitted,

6

LAW OFFICES OF ROHLFING & KALAGIAN,
LLP

7

/s/ Marc V. Kalagian
BY: __________________
Marc V. Kalagian
Attorney for plaintiff David I. Cismaru

8
9
10
11

DATED: November 27, 2017
DANIEL G. BOGDEN
United States Attorney

12
13
14

/s/ Theophous H. Reagans

15
THEOPHOUS H. REAGANS
Special Assistant United States Attorney
Attorneys for Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security
(Per e-mail authorization)

16
17
18
19
20
IT IS SO ORDERED:
21
22

UNITED STATES MAGISTRATE JUDGE
DATED: December 6, 2017

23
24
25
26
27
28

-3-

Case 2:14-cv-01432-RFB-GWF Document 32 Filed 12/05/17 Page 4 of 5

PROOF OF SERVICE

1
2

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3

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

4

the age of 18 and not a party to the within action. My business address is 211 E.

5

Ocean Blvd., Ste. 420, Long Beach, CA 90802.

6

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

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:

12

Mr. David I. Cismaru
4200 S. Valley View Boulevard, Unit 2066
Las Vegas, NV 89103

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Long Beach, 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
direction the service was made.
Marc V. Kalagian ___
TYPE OR PRINT NAME

/s/ Marc V. Kalagian____________
SIGNATURE

Case 2:14-cv-01432-RFB-GWF Document 32 Filed 12/05/17 Page 5 of 5

1

CERTIFICATE OF SERVICE
FOR CASE NUMBER 2:14-CV-01432-RFB-GWF

2
3
4
5
6

I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on December 5, 2017.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except the plaintiff

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

served herewith by mail.
/s/ Marc V. Kalagian
_______________________________
Marc V. Kalagian
Attorneys for Plaintiff

Case 2:14-cv-01432-RFB-GWF Document 32-1 Filed 12/05/17 Page 1 of 1