Buehner v. Commissioner of Social Security, No. 2:2016cv02696 - Document 32 (D. Nev. 2020)
Court Description: ORDER granting ECF No. 30 Stipulation for the Award and Payment of Attorney Fees and Expenses. Signed by Magistrate Judge Carla Baldwin on 4/6/2020. (Copies have been distributed pursuant to the NEF - LW)
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Buehner v. Commissioner of Social Security 1 2 3 4 Doc. 32 Cyrus Safa Attorney at Law: 13241 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 Fax: (562)868-5491 E-mail rohlfing.office@rohlfinglaw.com 5 6 7 8 9 10 Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd. 710 South 4th Street Las Vegas, NV 89101 Tel.: (702)385-2220 Fax: (702)384-0394 E-mail: LMoreno@shookandstone.com Attorneys for Plaintiff Teena F. Buehner 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 TEENA F. BUEHNER, 15 Plaintiff, 16 vs. 17 18 19 ANDREW SAUL, Commissioner of Social Security, Defendant. 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-02696-APG-CLB 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 21 22 23 24 25 26 TO THE HONORABLE CARLA BALDWIN, 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 Teena F. Buehner be awarded attorney fees and expenses in the amount of two-thousand dollars -1Dockets.Justia.com 1 ($2,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 2 and no costs under 28 U.S.C. § 1920. Plaintiff previously filed a motion for fees. 3 The parties have since been able to come to an agreement. Plaintiff seeks to 4 withdraw its motion and for the Court to consider this stipulation. This amount 5 represents compensation for all legal services rendered on behalf of Plaintiff by 6 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 7 2412(d). After the Court issues an order for EAJA fees to Teena F. Buehner, the 8 9 government will consider the matter of Teena F. Buehner's assignment of EAJA 10 fees to Cyrus Safa. The retainer agreement containing the assignment is attached 11 as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability 12 to honor the assignment will depend on whether the fees are subject to any offset 13 allowed under the United States Department of the Treasury's Offset Program. 14 After the order for EAJA fees is entered, the government will determine whether 15 they are subject to any offset. 16 Fees shall be made payable to Teena F. Buehner, but if the Department of 17 the Treasury determines that Teena F. Buehner does not owe a federal debt, then 18 the government shall cause the payment of fees, expenses and costs to be made 19 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 20 executed by Teena F. Buehner.1 Any payments made shall be delivered to Cyrus 21 Safa. 22 23 This stipulation constitutes a compromise settlement of Teena F. Buehner's request for EAJA attorney fees, and does not constitute an admission of liability on 24 25 26 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- 1 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 2 shall constitute a complete release from, and bar to, any and all claims that Teena 3 F. Buehner and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing 4 may have relating to EAJA attorney fees in connection with this action. 5 This award is without prejudice to the rights of Cyrus Safa and/or the Law 6 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 7 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 8 DATE: April 3, 2020 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 9 /s/ Cyrus Safa BY: __________________ Cyrus Safa Attorney for plaintiff Teena F. Buehner 10 11 12 13 DATE: April 3, 2020 14 NICHOLAS A. TRUTANICH United States Attorney 15 16 /s/ Shea L. Bond 17 SHEA L. BOND Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) 18 19 20 21 IT IS SO ORDERED 22 23 24 25 DATE: April 6, 2020. ___________________________________ THE HONORABLE CARLA BALDWIN UNITED STATES MAGISTRATE JUDGE 26 -3- 1 2 3 PROOF OF SERVICE 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 April 3, 2020, 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 Ms. Teena F. Buehner 8541 Red Baron Reno, NV 89506 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. Cyrus Safa ___ TYPE OR PRINT NAME /s/ Cyrus Safa____________ SIGNATURE 1 2 3 4 5 6 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:16-CV-02696-APG-CLB 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 April 3, 2020. 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 served herewith by mail. /s/ Cyrus Safa _______________________________ Cyrus Safa Attorneys for Plaintiff
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