Johnson v. O'Malley

Filing 21

ORDER granting 20 JOINT STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES. Signed by Magistrate Judge Carla Baldwin on 11/26/2024. (Copies have been distributed pursuant to the NEF - GA)

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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
Christina Louise Johnson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTINA LOUISE JOHNSON,

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Plaintiff,

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

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Defendant.
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) Case No.: 3:24-cv-00197-CLB
)
) ORDER GRANTING JOINT
) 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
)
)

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TO THE HONORABLE CARLA BALDWIN, MAGISTRATE JUDGE OF
THE DISTRICT COURT:

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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 Christina Louise

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Johnson (“Johnson”) be awarded attorney fees in the amount of seven thousand
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one hundred dollars ($7,100.00) and expenses in the amount of zero dollars ($0.00)

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under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in

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the amount of zero dollars ($0.00) under 28 U.S.C. § 1920. This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by

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counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920;

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2412(d).

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

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will consider the matter of Johnson'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 Johnson, but if the Department of the

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Treasury determines that Johnson does not owe a federal debt, then the government

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

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

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by Johnson.1 Any payments made shall be delivered to Law Offices of Lawrence

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

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either by electronic fund transfer (ETF) or by check.

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///

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///

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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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This stipulation constitutes a compromise settlement of Johnson's request

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

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

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

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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: November 25, 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
CHRISTINA LOUISE JOHNSON

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DATED: November 25, 2024 JASON M. FRIERSON
United States Attorney

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/s/ David Priddy

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DAVID PRIDDY
Special Assistant United States Attorney
Attorneys for Defendant
MARTIN O'MALLEY, Commissioner of Social
Security (Per e-mail authorization)

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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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ORDER

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It is so ordered.

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DATE: November 26, 2024

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___________________________________
THE HONORABLE CARLA BALDWIN
UNITED STATES MAGISTRATE JUDGE

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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 Christina Louise Johnson in this action. I make this

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declaration 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

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Christina Louise Johnson containing an assignment of the EAJA fees.

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3. I attach as exhibit 2 a true and correct copy of the itemization of time in

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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 November 25, 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 November 25, 2024, I served the foregoing document

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described as STIPULATION FOR THE AWARD AND PAYMENT OF

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ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS

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TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C.

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§ 1920 on the interested parties in this action by placing a true copy thereof

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enclosed in a sealed envelope addressed as follows:

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Ms. Christina Louise Johnson
1295 Grand Summit Drive #F247
Reno, NV 89523

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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 3:24-CV-00197-CLB

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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 November 25, 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

Christina Johnson
CV 24-179 CLB
Social Security case
Responsible Attorney: Marc V. Kalagian (MVK)
Young Cho (YC)
Paralegal: Enedina Perez (EP)
DATE:
TIME:
0.5
1-May-24
0.1
2-May-24
0.1
2-May-24
0.1
2-May-24
0.1
16-May-24
0.2
1-Aug-24
0.1
1-Aug-24
0.2
6-Aug-24
0.3
11-Nov-24
Subtotals

ATTY:
EP
EP
EP
EP
EP
EP
EP
EP
EP

DESCRIPTION:
preparation of documents related to complaint
receipt and review of order re IFP
receipt and review of order re social security matters
receipt and review of general order
receipt and review of notice of appearance
receipt and review of notice of appearance
receipt and review of administrative record
preparation of letter to client re filing status
AC post judgment letter (appeals council to remand)

review of file and AC denial for District Court case
preparation of complaint
receipt, review and response to proposed request for
receipt and review of order re extension
review of transcript and conduct of legal research
regarding issues presented
review of transcript and conduct of legal research
regarding issues presented
preparation of plaintiff's opening brief
review, review and edit opening brief
receipt and review of proposed stipulation for remand;
review of file
telephonic communication with client
preparation of email to ARC
receipt and review of notice of appearance
receipt and review of order of remand; judgment
preparation of letter to regional counsel; itemization
preparation of letter to client re results
preparation of EAJA stipulation

1.7

2-Apr-24
1-May-24
25-Jun-24
26-Jun-24
28-Sep-24

1
0.5
0.1
0.1
7.5

MVK
MVK
MVK
MVK
YC

29-Sep-24

8

YC

30-Sep-24
1-Oct-24
16-Oct-24

7.8
0.5
0.5

YC
MVK
MVK

17-Oct-24
17-Oct-24
18-Oct-24
21-Oct-24
11-Nov-24
11-Nov-24
11-Nov-24

0.2
0.1
0.1
0.2
0.7
0.4
0.3

MVK
MVK
MVK
MVK
MVK
MVK
MVK

Subtotals

28
TOTAL TIME

29.7

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