Vargas v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for award and payment of attorney fees and expenses signed by Magistrate Judge Sheila K. Oberto on 6/30/2011. (Timken, A)
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Laura E. Krank
Attorney at Law: 220208
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: rk_sslaw@speakeasy.net
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Attorneys for Plaintiff
Esteban Vargas
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ESTEBAN VARGAS,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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Case No.: 1:10-cv2086 SKO
STIPULATION AND ORDER FOR
AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)
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TO THE HONORABLE SHEILA K. OBERTO, 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 Esteban Vargas be
awarded attorney fees and expenses in the amount of NINE HUNDRED FIFTY
dollars ($950.00) 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).
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After the Court issues an order for EAJA fees to Esteban Vargas, the
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government will consider the matter of Esteban Vargas's assignment of EAJA fees
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to Laura E. Krank. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253
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(2010), the ability to honor the assignment will depend on whether the fees are
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subject to any offset allowed under the United States Department of the Treasury's
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Offset Program. After the order for EAJA fees is entered, the government will
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determine whether they are subject to any offset.
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Fees shall be made payable to Esteban Vargas, but if the Department of the
Treasury determines that Esteban Vargas does not owe a federal debt, then the
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government shall cause the payment of fees, expenses and costs to be made
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directly to Law Offices of Rohlfing & Kalagian, LLP, pursuant to the assignment
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executed by Esteban Vargas. Any payments made shall be delivered to Laura E.
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Krank.
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This stipulation constitutes a compromise settlement of Esteban Vargas's
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request for EAJA attorney fees, and does not constitute an admission of liability on
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the part of Defendant under the EAJA. Payment of the agreed amount shall
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constitute a complete release from, and bar to, any and all claims that Esteban
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Vargas and/or Laura E. Krank including Law Offices of Rohlfing & Kalagian, LLP
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may have relating to EAJA attorney fees in connection with this action.
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Laura E. Krank reserves the right to contend that any non-payment caused
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by the collection of a federal debt owed by Esteban Vargas violates 31 C.F.R. §
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285.5(e)(5) and Morrison v. C.I.R., 565 F.3d 658, 667 (9th Cir. 2009). Nothing in
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this stipulation shall be construed as an admission by Laura E. Krank that the
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Government has the right or authority to offset the fees due and payable pursuant
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to this stipulation.
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This award is without prejudice to the rights of Laura E. Krank and/or
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Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42
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U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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DATE: May 24, 2011
Respectfully submitted,
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ROHLFING & KALAGIAN, LLP
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/s/ Laura E. Krank
BY: __________________
Laura E. Krank
Attorney for plaintiff Esteban Vargas
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DATED: June 29, 2011
BENJAMIN B. WAGNER
United States Attorney
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/s/ Lynn M. Harada
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Lynn M. Harada
Special Assistant United States Attorney
Attorneys for Defendant Michael J. Astrue,
Commissioner of Social Security
(Per e-mail authorization)
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ORDER
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IT IS SO ORDERED.
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Dated:
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June 30, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
DEAC_Signatu re-END:
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