Horstkotter v. Colvin

Filing 23

ORDER Granting 22 Stipulation and Awarding Attorney Fees and Expenses. Signed by Judge Jennifer A. Dorsey on 1/10/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 Marc V. Kalagian Attorney at Law: 4460 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 Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd. 710 South 4th Street Las Vegas, NV 89101 Tel.: (702)385-2220 Fax: (702)384-0394 E-mail: kshonfeld@shookandstone.com Attorneys for Plaintiff Tracy A. Horstkotter 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 TRACY A. HORSTKOTTER, Plaintiff, 17 18 19 20 21 22 23 24 25 26 vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-02202-JAD-VCF STIPULATION FOR THE AWARD ANDStipulation andOF ATTORNEY PAYMENT Order FEES AND EXPENSES PURSUANT Awarding Attorney Fees TO THE EQUAL ACCESS and TO Expenses JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 ECF U.S.C. § 1920 No. 22 TO THE HONORABLE JENNIFER A. DORSEY, DISTRICT JUDGE OF THE UNITED STATES DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Tracy A. -1- Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 2 of 5 1 Horstkotter be awarded attorney fees in the amount of four thousand five hundred 2 dollars ($4,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 3 2412(d). This amount represents compensation for all legal services rendered on 4 behalf of Plaintiff by counsel in connection with this civil action, in accordance 5 with 28 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Tracy A. Horstkotter, the 7 government will consider the matter of Tracy A. Horstkotter's assignment of EAJA 8 feeS. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 9 honor the assignment will depend on whether the fees are subject to any offset 10 allowed under the United States Department of the Treasury's Offset Program. 11 After the order for EAJA fees is entered, the government will determine whether 12 they are subject to any offset. 13 Fees shall be made payable to Tracy A. Horstkotter, but if the Department of 14 the Treasury determines that Tracy A. Horstkotter does not owe a federal debt, 15 then the government shall cause the payment of fees, expenses and costs to be 16 made directly to Marc V. Kalagian, pursuant to the assignment executed by Tracy 17 A. Horstkotter.1 Any payments made shall be delivered to Rohlfing & Kalagian. This stipulation constitutes a compromise settlement of Tracy A. 18 19 Horstkotter's request for EAJA attorney fees, and does not constitute an admission 20 of 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 Tracy A. Horstkotter and/or Young Cho, Marc V. Kalagian including 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- Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 3 of 5 1 Rohlfing & Kalagian 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, Marc V. 4 Kalagian and/or Rohlfing & Kalagian to seek Social Security Act attorney fees 5 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 6 DATE: January 4, 2017 ROHLFING & KALAGIAN 7 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff Tracy A. Horstkotter 8 9 10 11 DATE: January 4, 2017 12 13 CHANTAL R. JENKINS Special Assistant United States Attorney Attorneys for Defendant Carolyn W. Colvin, Acting Commissioner of Social Security (Per e-mail authorization) 15 16 17 19 DANIEL G. BOGDEN United States Attorney BLAINE T. WELSH Chief, Civil Division /s/ Chantal R. Jenkins 14 18 Respectfully submitted, Of Counsel: Young Cho Attorney at Law 20 ORDER 21 22 23 24 IT IS SO ORDERED. ______________________________ ________________ _ ________ _ Jennifer Dorsey fer Dor Dorsey United States District Judge d i i d January 10, 2017 25 26 -3-

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