Sousani v. Berryhill, No. 2:2019cv00207 - Document 20 (D. Nev. 2019)
Court Description: ORDER granting 19 Stipulation for Attorney Fees; Signed by Chief Judge Gloria M. Navarro on 6/19/2019. (Copies have been distributed pursuant to the NEF - JM)
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Sousani v. Berryhill 1 2 3 4 Doc. 20 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 9 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: JGonzalez@shookandstone.com 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 DIKRANOUHIE D. SOUSANI, Plaintiff, 14 15 16 vs. ANDREW M. SAUL, Commissioner of Social Security, 17 Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:19-cv-00207-GMN-NJK 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) 19 20 21 TO THE HONORABLE NANCY J. KOPPE, MAGISTRATE JUDGE OF THE DISTRICT COURT: 22 IT IS HEREBY STIPULATED by and between the parties through their 23 undersigned counsel, subject to the approval of the Court, that Dikranouhie D. 24 Sousani be awarded attorney fees and expenses in the amount of ONE ONE 25 HUNDRED FORTY-NINE dollars ($1,149.00) under the Equal Access to Justice 26 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 27 -1Dockets.Justia.com Case 2:19-cv-00207-GMN-NJK Document 19 Filed 06/12/19 Page 2 of 5 1 legal services rendered on behalf of Plaintiff by counsel in connection with this 2 civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Dikranouhie D. Sousani, 4 the government will consider the matter of Dikranouhie D. Sousani's assignment of 5 EAJA fees to Cyrus Safa. The retainer agreement containing the assignment is 6 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 7 the ability to honor the assignment will depend on whether the fees are subject to 8 any offset allowed under the United States Department of the Treasury's Offset 9 Program. After the order for EAJA fees is entered, the government will determine 10 whether they are subject to any offset. Fees shall be made payable to Dikranouhie D. Sousani, but if the 11 12 Department of the Treasury determines that Dikranouhie D. Sousani does not owe 13 a federal debt, then the government shall cause the payment of fees, expenses and 14 costs to be made directly to Law Offices of Lawrence D. Rohlfing, pursuant to the 15 assignment executed by Dikranouhie D. Sousani.1 Any payments made shall be 16 delivered to Cyrus Safa. 17 This stipulation constitutes a compromise settlement of Dikranouhie D. 18 Sousani's request for EAJA attorney fees, and does not constitute an admission of 19 liability on the part of Defendant under the EAJA or otherwise. Payment of the 20 agreed amount shall constitute a complete release from, and bar to, any and all 21 claims that Dikranouhie D. Sousani and/or Cyrus Safa including Law Offices of 22 Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with 23 this action. 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: June 10, 2019 Respectfully submitted, SHOOK AND STONE 5 6 LAW OFFICES OF LAWRENCE D. ROHLFING 7 /s/ Cyrus Safa BY: __________________ Cyrus Safa Attorney for plaintiff Dikranouhie D. Sousani 8 9 10 11 12 13 14 DATED: June 10, 2019 DAYLE ELIESON United States Attorney 15 16 17 18 19 /s/ Patrick W. Snyder PATRICK W. SNYDER Special Assistant United States Attorney Attorneys for Defendant ANDREW M. SAUL, Commissioner of Social Security (Per e-mail authorization) 20 21 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 June 13, 2019, 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) on the interested parties in this action by placing a true copy 10 thereof enclosed in a sealed envelope addressed as follows: 11 Ms. Dikranouhie D. Sousani 9534 Twister Trace Street Las Vegas, NV 89178 12 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 Case 2:19-cv-00207-GMN-NJK Document 19 Filed 06/12/19 Page 5 of 5 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:19-CV-00207-GMN-NJK 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 June 12, 2019. 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 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DIKRANOUHIE D. SOUSANI, 10 11 12 Plaintiff, vs. ANDREW M. SAUL, Commissioner of Social Security, 13 Defendant 14 ) Case No.: 2:19-cv-00207-GMN-NJK ) ORDER AWARDING EQUAL ) ) ACCESS TO JUSTICE ACT ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO 28 U.S.C. § 2412(d) ) ) ) ) ) ) 15 16 17 18 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses: IT IS ORDERED that fees and expenses in the amount of $1,149.00 as 19 authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the 20 Stipulation. 21 19 day of June, 2019. DATED this _____ 22 23 24 25 ___________________________________ Gloria M. Navarro, Chief Judge UNITED STATES DISTRICT COURT 26 27 -1- 1 Respectfully submitted, 2 LAW OFFICES OF LAWRENCE D. ROHLFING 3 /s/ Cyrus Safa _________________________ Cyrus Safa Attornesy for plaintiff Dikranouhie D. Sousani 4 5 6 7 8 9 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: JGonzalez@shookandstone.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -2-
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