Velez Agullo v. Kijakazi, Acting Commissioner of SSA, No. 2:2022cv00557 - Document 13 (D. Nev. 2022)
Court Description: ORDER Granting 12 Stipulation For The Award And Payment Of Attorney Fees And Expenses. Francisco M. Velez Agullo awarded attorney fees in the amount of NINE HUNDRED SEVENTY-FIVE dollars ($975.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED-TWO dollars ($402.00) under 28 U.S.C. § 1920. Signed by Magistrate Judge Daniel J. Albregts on 7/14/2022. (Copies have been distributed pursuant to the NEF - AF)
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Velez Agullo v. Kijakazi, Acting Commissioner of SSA Doc. 13 Case 2:22-cv-00557-DJA Document 12 Filed 07/12/22 Page 1 of 5 1 2 3 4 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.: (562) 868-5886 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com 5 6 7 8 Gerald M. Welt Attorney at Law: 1575 411 E. Bonneville Avenue, #410 Las Vegas, NV 89101 Tel.: (702) 382-2030 Fax: (702) 684-5157 E-mail: gmwesq@weltlaw.com; kwp@weltlaw.com 9 10 Attorneys for Plaintiff Francisco M. Velez Agullo 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 FRANCISCO M. VELEZ AGULLO, 15 Plaintiff, 16 vs. 17 18 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 19 Defendant. 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-00557-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 21 22 23 24 25 26 27 28 TO THE HONORABLE DANIEL J. ALBREGTS, 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 Francisco M. Velez Agullo be awarded attorney fees in the amount of NINE HUNDRED SEVENTY- -1Dockets.Justia.com Case 2:22-cv-00557-DJA Document 12 Filed 07/12/22 Page 2 of 5 1 FIVE dollars ($975.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2 2412(d), and costs in the amount of FOUR HUNDRED-TWO dollars ($402.00) 3 under 28 U.S.C. § 1920. This amount represents compensation for all legal 4 services rendered on behalf of Plaintiff by counsel in connection with this civil 5 action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Francisco M. Velez 7 Agullo, the government will consider the matter of Francisco M. Velez Agullo's 8 assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the 9 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 10 2529 (2010), the ability to honor the assignment will depend on whether the fees 11 are subject to any offset allowed under the United States Department of the 12 Treasury's Offset Program. After the order for EAJA fees is entered, the 13 government will determine whether they are subject to any offset. 14 Fees shall be made payable to Francisco M. Velez Agullo, but if the Department 15 of the Treasury determines that Francisco M. Velez Agullo does not owe a federal 16 debt, then the government shall cause the payment of fees, expenses and costs to 17 be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC , pursuant to 18 the assignment executed by Francisco M. Velez Agullo.1 Any payments made 19 shall be delivered to Marc Kalagian. 20 This stipulation constitutes a compromise settlement of Francisco M. Velez 21 Agullo's request for EAJA attorney fees, and does not constitute an admission of 22 liability on the part of Defendant under the EAJA or otherwise. Payment of the 23 agreed amount shall constitute a complete release from, and bar to, any and all 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 2:22-cv-00557-DJA Document 12 Filed 07/12/22 Page 3 of 5 1 claims that Francisco M. Velez Agullo and/or Marc Kalagian including Law 2 Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney 3 fees in connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 6 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 7 the EAJA. 8 DATE: July 11, 2022 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 10 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff FRANCISCO M. VELEZ AGULLO 11 12 13 14 Respectfully submitted, DATE:July 11, 2022 15 JASON M. FRIERSON United States Attorney 16 /s/ Allison J. Cheung 17 ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 18 19 20 21 ORDER 22 23 24 25 26 27 28 Approved and so ordered: DATE: 7/14/2022 ___________________________________ THE HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE -3- Case 2:22-cv-00557-DJA Document 12 Filed 07/12/22 Page 4 of 5 PROOF OF SERVICE 1 2 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 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 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of July 12, 2022, I served the foregoing document described as 7 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 Mr. Francisco M. Velez Agullo 17 Alamere Falls Drive Las Vegas, NV 89138 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 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 Case 2:22-cv-00557-DJA Document 12 Filed 07/12/22 Page 5 of 5 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-00557-DJA 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 July 12, 2022. 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 2:22-cv-00557-DJA Document 12-1 Filed 07/12/22 Page 1 of 1
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