Alvarez Gutierrez v. Saul, No. 2:2021cv01292 - Document 27 (D. Nev. 2022)
Court Description: ORDER Granting 26 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. Signed by Magistrate Judge Daniel J. Albregts on 5/18/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Alvarez Gutierrez v. Saul Doc. 27 Case 2:21-cv-01292-DJA Document 27 Filed 05/18/22 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 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 Gerald M. Welt Attorney at Law: 1575 411 E. Bonneville Avenue, #505 Las Vegas, NV 89101 Tel.: (702) 382-2030 Fax: (702) 684-5157 E-mail: gmwesq@weltlaw.com; kwp@weltlaw.com Attorneys for Plaintiff Miguelangel Alvarez Gutierrez 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 17 18 19 20 21 MIGUELANGEL ALVAREZ GUTIERREZ, Plaintiff, vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:21-cv-01292-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) 22 23 24 25 26 27 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 Miguelangel -1Dockets.Justia.com Case 2:21-cv-01292-DJA Document 27 Filed 05/18/22 Page 2 of 6 1 Alvarez Gutierrez be awarded attorney fees in the amount of THREE 2 THOUSAND ONE HUNDRED dollars ($3,100.00) under the Equal Access to 3 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs. This amount represents 4 compensation for all legal services rendered on behalf of Plaintiff by counsel in 5 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Miguelangel Alvarez 6 7 Gutierrez, the government will consider the matter of Miguelangel Alvarez 8 Gutierrez's assignment of EAJA fees to Marc Kalagian. The retainer agreement 9 containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 10 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on 11 whether the fees are subject to any offset allowed under the United States 12 Department of the Treasury's Offset Program. After the order for EAJA fees is 13 entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Miguelangel Alvarez Gutierrez, but if the 14 15 Department of the Treasury determines that Miguelangel Alvarez Gutierrez does 16 not owe a federal debt, then the government shall cause the payment of fees, 17 expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, 18 Inc., CPC, pursuant to the assignment executed by Miguelangel Alvarez 19 Gutierrez.1 Any payments made shall be delivered to Marc Kalagian. This stipulation constitutes a compromise settlement of Miguelangel 20 21 Alvarez Gutierrez's request for EAJA attorney fees, and does not constitute an 22 admission of liability on the part of Defendant under the EAJA or otherwise. 23 Payment of the agreed amount shall constitute a complete release from, and bar to, 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- Case 2:21-cv-01292-DJA Document 27 Filed 05/18/22 Page 3 of 6 1 any and all claims that Miguelangel Alvarez Gutierrez and/or Marc Kalagian 2 including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to 3 EAJA attorney 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: May 16, 2022 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 10 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff MIGUELANGEL ALVAREZ GUTIERREZ 11 12 13 14 Respectfully submitted, DATED: May 16, 2022 15 JASON M. FRIERSON United States Attorney 16 /s/ Christopher James Bella 17 CHRISTOPHER JAMES BELLA Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 18 19 20 21 22 23 24 25 26 27 ORDER Approved and so ordered: DATE: May 18, 2022 ___________________________________ THE HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE -3- Case 2:21-cv-01292-DJA Document 27 Filed 05/18/22 Page 4 of 6 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 May 18, 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) on the interested parties in this action by placing a true copy 10 thereof enclosed in a sealed envelope addressed as follows: 11 Mr. Miguelangel Alvarez Gutierrez 6452 Point Break St. N. Las Vegas, NV 89084 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. Marc V. Kalagian ___ TYPE OR PRINT NAME /s/ Marc V. Kalagian___________ SIGNATURE Case 2:21-cv-01292-DJA Document 27 Filed 05/18/22 Page 5 of 6 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:21-CV-01292-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 May 17, 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 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case Case2:21-cv-01292-DJA 2:21-cv-01292-DJA Document Document26-1 27 Filed Filed05/18/22 05/17/22 Page Page61ofof61
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