Melvin v. Colvin

Filing 19

ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT ATTORNEY FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920. IT IS ORDERED that fees and expenses in the amount of $2,900.00 as authorized by 28 U.S. C. § 2412, and costs in the amount of $15.05 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation (ECF No. 18 ). Signed by Judge Miranda M. Du on 10/17/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 10/18/2016 to add hyperlink (DRM).

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Case 3:16-cv-00074-MMD-VPC Document 18 Filed 10/17/16 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.: (562)437-7006 Fax: (562)432-2935 E-mail: rohlfing.kalagian@rksslaw.com 5 6 Attorneys for Plaintiff Cindy A. Melvin 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 CINDY A. MELVIN, 11 Plaintiff, 12 vs. 13 14 15 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:16-cv-00074-MMD-VPC 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 26 27 28 TO THE HONORABLE VALERIE P COOKE, 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 Cindy A. Melvin be awarded attorney fees in the amount of Two Thousand Nine Hundred dollars ($2,900.00) and costs in the amount of Fifteen dollars and Five cents ($15.05) under 28 U.S.C. § 1920. 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- Case 3:16-cv-00074-MMD-VPC Document 18 Filed 10/17/16 Page 2 of 5 1 After the Court issues an order for EAJA fees to Cindy A. Melvin, the 2 government will consider the matter of Cindy A. Melvin's assignment of EAJA 3 fees to Marc V. Kalagian. The retainer agreement containing the assignment is 4 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 5 the ability to honor the assignment will depend on whether the fees are subject to 6 any offset allowed under the United States Department of the Treasury's Offset 7 Program. After the order for EAJA fees is entered, the government will determine 8 whether they are subject to any offset. 9 Fees shall be made payable to Cindy A. Melvin, but if the Department of 10 the Treasury determines that Cindy A. Melvin does not owe a federal debt, then the 11 government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment 13 executed by Cindy A. Melvin.1 Any payments made shall be delivered to Marc V. 14 Kalagian. 15 This stipulation constitutes a compromise settlement of Cindy A. Melvin's 16 request for EAJA attorney fees, and does not constitute an admission of liability on 17 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 18 shall constitute a complete release from, and bar to, any and all claims that Cindy 19 A. Melvin and/or Marc V. Kalagian including Law Offices of Rohlfing & 20 Kalagian, LLP may have relating to EAJA attorney fees in connection with this 21 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- Case 3:16-cv-00074-MMD-VPC Document 18 Filed 10/17/16 Page 3 of 5 1 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 2 EAJA. 3 DATE: October 11, 2016 4 Respectfully submitted, LAW OFFICES OF ROHLFING & KALAGIAN, LLP /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff Cindy A. Melvin 5 6 7 8 9 10 11 12 13 DATED: October 11, 2016 DANIEL G. BOGDEN United States Attorney /s/ April A. Alongi BY: APRIL A. ALONGI Special Assistant United States Attorney Attorneys for Defendant Carolyn W. Colvin, Acting Commissioner of Social Security (Per e-mail authorization) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case 3:16-cv-00074-MMD-VPC Document 18 Filed 10/17/16 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 October 17, 2016, I served the foregoing document described 7 as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Ms. Cindy A. Melvin 5165 Greeley Avenue Silver Springs, NV 89429 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 3:16-cv-00074-MMD-VPC Document 18 Filed 10/17/16 Page 5 of 5 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 3:16-CV-00074-MMD-VPC 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 October 11, 2016. 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 3:16-cv-00074-MMD-VPC Document 18-1 Filed 10/17/16 Page 1 of 1 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.: (562)437-7006 Fax: (562)432-2935 E-mail: rohlfing.kalagian@rksslaw.com 5 6 Attorneys for Plaintiff Cindy A. Melvin 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 CINDY A. MELVIN, 11 Plaintiff, 12 vs. 13 14 15 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant 16 17 18 19 20 21 22 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:16-cv-00074-MMD-VPC {PROPOSED} ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT ATTORNEY FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses: IT IS ORDERED that fees and expenses in the amount of $2,900.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $15.05 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. DATE: October 17, 2016 ___________________________________ THE HONORABLE MIRANDA M. DU THE HONORABLE VALERIE P COOKE UNITED STATES MAGISTRATE JUDGE U.S. DISTRICT JUDGE 26 27 28 -1-

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