Pepmueller v. Saul

Filing 30

ORDER granting 29 Stipulation for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act. Signed by Magistrate Judge Elayna J. Youchah on 6/3/2021. (Copies have been distributed pursuant to the NEF - DRS)

Download PDF
1 2 3 4 Marc V. Kalagian Attorney at Law: 149034 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: 5 6 Attorneys for Plaintiff Jerome W. Pepmueller 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 JEROME W. PEPMUELLER, 11 Plaintiff, 12 vs. 13 14 15 ANDREW SAUL, Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:20-cv-01694-EJY 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) AND COSTS PURSUANT TO 28 U.S.C. § 1920 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE ELAYNA J. YOUCHAH, 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 Jerome W. Pepmueller be awarded attorney fees in the amount of Three Thousand One Hundred dollars ($3,100.00) 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 Jerome W. Pepmueller, the 2 government will consider the matter of Jerome W. Pepmueller's assignment of 3 EAJA fees to Marc V. Kalagian. The retainer agreement containing the 4 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 5 2529 (2010), the ability to honor the assignment will depend on whether the fees 6 are subject to any offset allowed under the United States Department of the 7 Treasury's Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Jerome W. Pepmueller, but if the Department 10 of the Treasury determines that Jerome W. Pepmueller does not owe a federal debt, 11 then the government shall cause the payment of fees, expenses and costs to be 12 made directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the 13 assignment executed by Jerome W. Pepmueller.1 Any payments made shall be 14 delivered to Marc V. Kalagian. 15 This stipulation constitutes a compromise settlement of Jerome W. 16 Pepmueller's request for EAJA attorney fees, and does not constitute an admission 17 of liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all 19 claims that Jerome W. Pepmueller and/or Marc V. Kalagian including Law Offices 20 of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in 21 connection with this action. 22 23 This award is without prejudice to the rights of Marc V. Kalagian and/or the Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 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- 1 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: June 3, 2021 Respectfully submitted, ROHLFING & KALAGIAN, LLP 4 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff JEROME W. PEPMUELLER 5 6 7 8 9 DATED: June 3, 2021 NICHOLAS A. TRUTANICH United States Attorney 10 /s/ Marcelo N. Illarmo 11 MARCELO N. ILLARMO Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) 12 13 14 15 ORDER 16 17 18 Approved and so ordered: DATE: June 3, 2021. 19 20 21 ___________________________________ THE HONORABLE ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 -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?