Horstkotter v. Colvin
Filing
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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)
Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 1 of 5
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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
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRACY A. HORSTKOTTER,
Plaintiff,
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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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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.
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Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 2 of 5
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Horstkotter be awarded attorney fees in the amount of four thousand five hundred
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dollars ($4,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
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2412(d). This amount represents compensation for all legal services rendered on
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behalf of Plaintiff by counsel in connection with this civil action, in accordance
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with 28 U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to Tracy A. Horstkotter, the
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government will consider the matter of Tracy A. Horstkotter's assignment of EAJA
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feeS. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to
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honor the assignment will depend on whether the fees are subject to any offset
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allowed under the United States Department of the Treasury's Offset Program.
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After the order for EAJA fees is entered, the government will determine whether
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they are subject to any offset.
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Fees shall be made payable to Tracy A. Horstkotter, but if the Department of
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the Treasury determines that Tracy A. Horstkotter 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 Marc V. Kalagian, pursuant to the assignment executed by Tracy
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A. Horstkotter.1 Any payments made shall be delivered to Rohlfing & Kalagian.
This stipulation constitutes a compromise settlement of Tracy A.
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Horstkotter's request for EAJA attorney fees, and does not constitute an admission
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of 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 Tracy A. Horstkotter and/or Young Cho, Marc V. Kalagian including
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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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Case 2:15-cv-02202-JAD-VCF Document 22 Filed 01/09/17 Page 3 of 5
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Rohlfing & Kalagian 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, Marc V.
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Kalagian and/or Rohlfing & Kalagian to seek Social Security Act attorney fees
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under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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DATE: January 4, 2017
ROHLFING & KALAGIAN
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/s/ Marc V. Kalagian
BY: __________________
Marc V. Kalagian
Attorney for plaintiff Tracy A. Horstkotter
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DATE: January 4, 2017
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CHANTAL R. JENKINS
Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin,
Acting Commissioner of Social Security
(Per e-mail authorization)
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DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Chief, Civil Division
/s/ Chantal R. Jenkins
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Respectfully submitted,
Of Counsel:
Young Cho
Attorney at Law
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ORDER
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IT IS SO ORDERED.
______________________________
________________
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Jennifer Dorsey
fer Dor
Dorsey
United States District Judge
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January 10, 2017
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