Ohlson v. O'Malley

Filing 21

ORDER granting 20 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. Signed by Magistrate Judge Daniel J. Albregts on 8/28/2024. (Copies have been distributed pursuant to the NEF - MAM)

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Marc V. Kalagian
Attorney at Law: 4460
Law Offices of Lawrence D. Rohlfing, Inc., CPC
12631 East Imperial Highway Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

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Leonard Stone
Attorney at Law: 5791
Shook & Stone
710 South 4th Street
Las Vegas, NV 89101
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Ryan Earl Ohlson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RYAN EARL OHLSON,

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Plaintiff,
vs.
MARTIN O'MALLEY,
Commissioner of Social Security,

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Defendant.
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Case No.: 2:24-cv-00265-DJA
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

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TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
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 Ryan Earl Ohlson

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(“Ohlson”) be awarded attorney fees in the amount of four thousand two hundred

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ninety-two dollars and sixty-three cents ($4,292.63) under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.

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This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Ohlson, the government

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will consider the matter of Ohlson's assignment of EAJA fees to Marc Kalagian.

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The retainer agreement containing the assignment is attached as exhibit 1.

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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the

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assignment will depend on whether the fees are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for

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EAJA fees is entered, the government will determine whether they are subject to

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any offset.

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Fees shall be made payable to Ohlson, but if the Department of the Treasury

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determines that Ohlson does not owe a federal debt, then the government shall

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cause the payment of fees, expenses and costs to be made directly to Law Offices

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of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by

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Ohlson.1 Any payments made shall be delivered to Law Offices of Lawrence D.

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Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made either

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by electronic fund transfer (ETF) or by check.

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This stipulation constitutes a compromise settlement of Ohlson's request for

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EAJA attorney fees, and does not constitute an admission of liability on the part of

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

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

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and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC,

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

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

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Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act

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

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the EAJA.

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DATE: August 27, 2024 Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC

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/s/ Marc V. Kalagian 2
BY: __________________
Marc V. Kalagian
Attorney for plaintiff
RYAN EARL OHLSON

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DATED:August 27, 2024

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JASON M. FRIERSON
United States Attorney

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/s/ Franco L. Becia

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JULIE A.K. CUMMINGS
Special Assistant United States Attorney
Attorneys for Defendant
MARTIN O'MALLEY, Commissioner of Social
Security (Per e-mail authorization)

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ORDER

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Approved and so ordered:
DATE: 8/28/2024

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___________________________________
THE HONORABLE DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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Counsel for the plaintiff attests that all other signatories listed, and on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the
filing.
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DECLARATION OF MARC V. KALAGIAN

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I, Marc V. Kalagian, declare as follows:

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1. I am an attorney at law duly admitted to practice before this Court in this

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case. I represent Ryan Earl Ohlson in this action. I make this declaration

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of my own knowledge and belief.

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2. I attach as exhibit 1 a true and correct copy of the retainer agreement with
Ryan Earl Ohlson containing an assignment of the EAJA fees.
3. I attach as exhibit 2 a true and correct copy of the itemization of time in
this matter.
I declare under penalty of perjury that the foregoing is true and correct to the
best of my knowledge and belief.
Executed this August 27, 2024, at Santa Fe Springs, California.

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/s/ Marc V. Kalagian
_________________________
Marc V. Kalagian

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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

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the age of 18 and not a party to the within action. My business address is 12631

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East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670.

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On this day of August 28, 2024, I served the foregoing document described

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as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES

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AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,

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28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the

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interested parties in this action by placing a true copy thereof enclosed in a sealed

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envelope addressed as follows:

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Mr. Ryan Earl Ohlson
7130 Doe Ave
Las Vegas, NV 89117

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I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Santa Fe Springs, 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

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CERTIFICATE OF SERVICE
FOR CASE NUMBER 2:24-CV-00265-DJA

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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 August 27, 2024.
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

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

/s/Matthew F. Holmberg
/s/ Marc V. Kalagian
_______________________________
Marc V. Kalagian

Ryan Ohlson
Social Security case
Responsible Attorneys: Marc V. Kalagian (MVK) and Matthew F. Holmberg (MFH)
Paralegals: Enedina Perez (EP) and Marylin Ibarra-Gonzalez Flores (MIG) at $179.00
DATE:
8-Jan-24

TIME: PLGL:
0.5
EP

12-Jan-24
17-Jan-24
17-Jan-24
17-Jan-24
7-Feb-24
7-Feb-24
8-Feb-24
8-Feb-24
28-Feb-24
4-Mar-24
11-Mar-24

0.1
0.15
0.2
0.1
0.15
0.5
0.05
0.1
0.05
0.1
0.3

EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP

8-Apr-24

0.2

EP

11-Apr-24

0.3

EP

18-Apr-24 0.05
18-Jun-24 0.1

EP
EP

23-Jul-24
29-Jul-24

0.4
0.3

MIG
EP

Subtotals

3.65

DATE:
8-Jan-24

TIME: ATTY:
0.6
MFH

6-Feb-24
7-Feb-24
15-Apr-24
15-Apr-24
1-Jun-24

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0.2
0.2
0
2.2

MFH
MVK
MFH
MVK
MFH

1-Jun-24
2-Jun-24
3-Jun-24
4-Jun-24
5-Jul-24

2.38
3.3
2.75
0.3
0.1

MFH
MFH
MFH
MVK
MVK

DESCRIPTION:
preparation of letter to client regarding scope and terms of representation
at District Court
client call
client call
review of client IFP statement and evaluate for IFP eligibility
email to client
review of client email and drafting reply to client
receipt of memo and filing of complaint and related papers
review of option to decline magistrate judge
review of notice of reference
review of Defendant's notice of appearance
review of order granting to proceed IFP
preparation of letter to client letter with DC status upon filing complaint
receipt and review administrative record; preparation of memorandum to
MVK & MFH re: same
preparation of letter to client with status after receipt of administrative
record
review of order granting stipulation for extension
review of Defendant's withdrawal of counsel and Defendant's notice of
appearance
preparation of client letter re: remand scope and process
preparation of letter to Appeals Council - AC Post Judgment letter
$653.35
DESCRIPTION:
review ALJ decision, Appeals Council denial letter, and file for District
Court case
preparation of Complaint Titles II & XVI
review and edit complaint for filing
preparation of stip for extension of time
review stip for ARC and emailing of stip to ARC
research and review of record in preparation of Plaintiff's Brief (3,233
pages)
drafting Plaintiff's Brief
drafting Plaintiff's Brief continued
drafting Plaintiff's Brief continued
review and revise Plaintiff's Brief for filing
review of email from ARC requesting extension and replying to ARC
authorizing extension

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Ryan Ohlson
Responsible Attorneys: Marc V. Kalagian (MVK) and Matthew F. Holmberg (MFH)
DATE:
11-Jul-24

TIME: ATTY:
0.1
MVK

DESCRIPTION:
review of email from ARC re: proposed remand and drafting email
response to ARC confirming receipt and need to discuss this with client

11-Jul-24
11-Jul-24
11-Jul-24

0.2
0.08
0.3

MFH
MFH
MFH

11-Jul-24
15-Jul-24
17-Aug-24
17-Aug-24
17-Aug-24
19-Aug-24

0.05
0.15
0.6
0.3
0.4
0.1

MVK
MFH
MFH
MFH
MFH
MVK

review of proposed remand stipulation and review of Plaintiff's Brief
client call re: proposed remand
preparation of letter to client confirming agreement to remand on
stipulation
email to ARC authorizing filing of proposed remand stipulation
review the judgment and order
preparation of EAJA settlement package
preparation of request for authority
preparation of EAJA stipulation and order for fees
review of EAJA stipulation and settlement package

Subtotals

15.31

$3,745.13

SORENSON V. MINK CALCULATIONS
2023-24

$3,745.13

15.31 $244.62
TOTAL TIME

18.96

TOTAL EAJA

$4,398.48

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