Mayorga v. Berryhill, No. 2:2019cv00054 - Document 23 (D. Nev. 2020)

Court Description: ORDER granting 22 STIPULATION for Award and Payment Of Attorney Fees And Expenses Pursuant to the Equal Access To Justice Act. This award is without prejudice to the rights of Cyrus Safa and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Signed by Judge Andrew P. Gordon on 3/5/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Mayorga v. Berryhill 1 2 3 4 Doc. 23 Cyrus Safa Nevada Bar No: 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 Gerald M. Welt Attorney at Law: 1575 732 S. Sixth Street, Suite 200-D 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 Luis Mayorga 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 LUIS MAYORGA, 15 16 17 Plaintiff, vs. ANDREW SAUL, Commissioner of Social Security, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:19-cv-00054-APG-EJY 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 20 21 22 23 TO THE HONORABLE ANDREW P. GORDON, UNITED STATES DISTRICT COURT JUDGE: IT IS HEREBY STIPULATED by and between the parties through their 24 undersigned counsel, subject to the approval of the Court, that Luis Mayorga be 25 awarded attorney fees and expenses in the amount of two thousand dollars 26 ($2,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 27 -1Dockets.Justia.com 1 and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 2 legal services rendered on behalf of Plaintiff by counsel in connection with this 3 civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Luis Mayorga, the 5 government will consider the matter of Luis Mayorga's assignment of EAJA fees 6 to Cyrus Safa. The retainer agreement containing the assignment is attached as 7 exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 8 honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury's Offset Program. 10 After the order for EAJA fees is entered, the government will determine whether 11 they are subject to any offset. Fees shall be made payable to Luis Mayorga, but if the Department of the 12 13 Treasury determines that Luis Mayorga does not owe a federal debt, then the 14 government shall cause the payment of fees, expenses and costs to be made 15 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 16 executed by Luis Mayorga.1 Any payments made shall be delivered to Cyrus Safa. This stipulation constitutes a compromise settlement of Luis Mayorga's 17 18 request for EAJA attorney fees, and does not constitute an admission of liability on 19 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 20 shall constitute a complete release from, and bar to, any and all claims that Luis 21 Mayorga and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may 22 have relating to EAJA attorney fees in connection with this action. 23 24 25 26 27 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 This award is without prejudice to the rights of Cyrus Safa and/or the Law 2 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 3 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 DATE: March 5, 2020 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 5 6 /s/ Cyrus Safa BY: __________________ Cyrus Safa Attorney for plaintiff Luis Mayorga 7 8 9 DATE: March 5, 2020 10 NICHOLAS A. TRUTANICH United States Attorney 11 12 /s/ Allison J. Cheung 13 ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) 14 15 16 17 IT IS SO ORDERED: 18 19 20 21 Dated: March 5, 2020. DATE: ___________________________________ THE HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT COURT JUDGE 22 23 24 25 26 27 -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 March 5, 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 Mr. Luis Mayorga 2504 Living Rock Ave Las Vegas, NV 89106 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:19-CV-00054-APG-EJY 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 March 5, 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 27 served herewith by mail. /s/ Cyrus Safa _______________________________ Cyrus Safa Attorneys for Plaintiff

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