Meraz v. Kijakazi, No. 2:2021cv01771 - Document 16 (D. Nev. 2022)

Court Description: ORDER Granting 15 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 Cam Ferenbach on 5/17/2022. (Copies have been distributed pursuant to the NEF - JQC)

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Meraz v. Kijakazi Doc. 16 Case 2:21-cv-01771-VCF Document 16 Filed 05/17/22 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 Leonard Stone Attorney at Law: 5791 Shook & Stone 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: CBrown@shookandstone.com Attorneys for Plaintiff Maira Wong Meraz 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 MAIRA WONG MERAZ, 16 17 18 19 20 Plaintiff, vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. 21 22 23 24 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:21-cv-01771-VCF 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) TO THE HONORABLE CAM FERENBACH, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their 25 undersigned counsel, subject to the approval of the Court, that Maira Wong Meraz 26 be awarded attorney fees in the amount of NINE HUNDRED SEVENTY-FIVE -1Dockets.Justia.com Case 2:21-cv-01771-VCF Document 16 Filed 05/17/22 Page 2 of 6 1 dollars ($975.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2 2412(d). Plaintiff does not seek any costs in this matter. This amount represents 3 compensation for all legal services rendered on behalf of Plaintiff by counsel in 4 connection with this civil action, in accordance with 28 U.S.C. §2412(d). After the Court issues an order for EAJA fees to Maira Wong Meraz, the 5 6 government will consider the matter of Maira Wong Meraz's assignment of EAJA 7 fees to Marc Kalagian. The retainer agreement containing the assignment is 8 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 9 the ability to honor the assignment will depend on whether the fees are subject to 10 any offset allowed under the United States Department of the Treasury's Offset 11 Program. After the order for EAJA fees is entered, the government will determine 12 whether they are subject to any offset. 13 Fees shall be made payable to Maira Wong Meraz, but if the Department of 14 the Treasury determines that Maira Wong Meraz does not owe a federal debt, then 15 the government shall cause the payment of fees and expenses to be made directly 16 to Law Offices of Lawrence D. Rohlfing, Inc., CPC , pursuant to the assignment 17 executed by Maira Wong Meraz.1 Any payments made shall be delivered to Marc 18 Kalagian. 19 This stipulation constitutes a compromise settlement of Maira Wong Meraz's 20 request for EAJA attorney fees, and does not constitute an admission of liability on 21 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 22 shall constitute a complete release from, and bar to, any and all claims that Maira 23 Wong Meraz and/or Marc Kalagian including Law Offices of Lawrence D. 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- Case 2:21-cv-01771-VCF Document 16 Filed 05/17/22 Page 3 of 6 1 Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with 2 this action. 3 This award is without prejudice to the rights of Marc Kalagian and/or the 4 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 5 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 6 the EAJA. 7 DATE: May 12, 2022 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 8 9 10 11 12 Respectfully submitted, /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff MAIRA WONG MERAZ 13 14 DATED: May 12, 2022 JASON M. FRIERSON United States Attorney 15 /s/ Allison J. Cheung 16 17 18 19 ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 20 21 22 23 24 ORDER Approved and so ordered: 5-17-2022 DATE: ___________________________________ THE HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 25 26 -3- Case 2:21-cv-01771-VCF Document 16 Filed 05/17/22 Page 4 of 6 1 PROOF OF SERVICE 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 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. 2 6 I am employed in the county of Los Angeles, State of California. I am over On this day of May 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) on the interested parties in this action by placing a true copy 10 thereof enclosed in a sealed envelope addressed as follows: 11 Ms. Maira Wong Meraz 6777 Garden Grove Ave. Las Vegas, NV 89103 12 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. Marc V. Kalagian ___ TYPE OR PRINT NAME /s/ Marc V. Kalagian___________ SIGNATURE Case 2:21-cv-01771-VCF Document 16 15 Filed 05/17/22 05/12/22 Page 5 of 6 5 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:21-CV-01771-VCF 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 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 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case Case2:21-cv-01771-VCF 2:21-cv-01771-VCF Document Document15-1 16 Filed Filed05/17/22 05/12/22 Page Page61ofof61 Lawrence D. Rohlfing Marc V. Kalagian _________________ Marc V. Kalagian

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