Meckley v. Commissioner of Social Security
Filing
17
STIPULATION and ORDER for the award and payment of attorney fees and expenses signed by Magistrate Judge Sheila K. Oberto on 6/16/2011. (Timken, A)
<![CDATA[
1
2
3
4
Young Cho
Attorney at Law: 189870
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: (562)868-5886
Fax: (562)868-8868
E-mail: rohlfing.office@rohlfinglaw.com
5
6
Attorneys for Plaintiff
Debi L. Meckley
7
8
9
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
13
DEBI L. MECKLEY,
14
Plaintiff,
15
16
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
17
Defendant.
18
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: CV 10-1994 SKO
STIPULATION AND 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)
19
20
21
22
TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their
23
undersigned counsel, subject to the approval of the Court, that Debi L. Meckley be
24
awarded attorney fees and expenses in the amount of one thousand five hundred
25
dollars ($1,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
26
2412(d). This amount represents compensation for all legal services rendered on
-1-
1
behalf of Plaintiff by counsel in connection with this civil action, in accordance
2
with 28 U.S.C. §§ 1920; 2412(d).
3
After the Court issues an order for EAJA fees to Debi L. Meckley, the
4
government will consider the matter of Debi L. Meckley's assignment of EAJA
5
fees to Young Cho. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253
6
(2010), the ability to honor the assignment will depend on whether the fees are
7
subject to any offset allowed under the United States Department of the Treasury's
8
Offset Program. After the order for EAJA fees is entered, the government will
9
determine whether they are subject to any offset.
10
Fees shall be made payable to Debi L. Meckley, but if the Department of
11
the Treasury determines that Debi L. Meckley does not owe a federal debt, then the
12
government shall cause the payment of fees, expenses and costs to be made
13
directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment
14
executed by Debi L. Meckley. Any payments made shall be delivered to Young
15
Cho.
16
This stipulation constitutes a compromise settlement of Debi L. Meckley's
17
request for EAJA attorney fees, and does not constitute an admission of liability on
18
the part of Defendant under the EAJA. Payment of the agreed amount shall
19
constitute a complete release from, and bar to, any and all claims that Debi L.
20
Meckley and/or Young Cho including Law Offices of Lawrence D. Rohlfing may
21
have relating to EAJA attorney fees in connection with this action.
22
Young Cho reserves the right to contend that any non-payment caused by
23
the collection of a federal debt owed by Debi L. Meckley violates 31 C.F.R. §
24
285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in
25
this stipulation shall be construed as an admission by Young Cho that the
26
///
-2-
1
Government has the right or authority to offset the fees due and payable pursuant
2
to this stipulation.
3
This award is without prejudice to the rights of Young Cho and/or Lawrence
4
D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b),
5
subject to the savings clause provisions of the EAJA.
6
DATE: June 15, 2011
LAW OFFICES OF LAWRENCE D. ROHLFING
7
/s/ Young Cho
BY: __________________
Young Cho
Attorney for plaintiff Debi L. Meckley
8
9
10
11
Respectfully submitted,
DATED: June 15, 2011
12
13
BENJAMIN B. WAGNER
United States Attorney
/s/ David Lerch
14
David Lerch
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)
15
16
17
18
ORDER
19
20
IT IS SO ORDERED.
21
Dated:
22
June 16, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
23
ie14hje
24
25
26
-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?
