Carr v. Kijakazi, No. 2:2022cv01069 - Document 34 (D. Nev. 2023)

Court Description: ORDER Granting 33 Stipulation For The Award And Payment Of Attorney Fees And Expenses. Signed by Magistrate Judge Daniel J. Albregts on 3/20/2023. (Copies have been distributed pursuant to the NEF - LOE)

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Carr v. Kijakazi Doc. 34 Case 2:22-cv-01069-DJA Document 34 Filed 03/20/23 Page 1 of 6 1 2 3 4 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 5 6 7 8 9 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 10 11 Attorneys for Plaintiff Torrance Carr 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 TORRANCE CARR, 16 Plaintiff, 17 vs. 18 19 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 20 Defendant. 21 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-01069-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) AND COSTS PURSUANT TO 28 U.S.C. § 1920 22 23 24 25 26 27 28 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 Torrance Carr be -1Dockets.Justia.com Case 2:22-cv-01069-DJA Document 34 Filed 03/20/23 Page 2 of 6 1 awarded attorney fees in the amount of THREE THOUSAND THREE 2 HUNDRED-SIX dollars AND SEVENTY-SIX cents ($3,306.76) under the Equal 3 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero costs in the amount 4 under 28 U.S.C. § 1920. This amount represents compensation for all legal 5 services rendered on behalf of Plaintiff by counsel in connection with this civil 6 action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Torrance Carr, the 8 government will consider the matter of Torrance Carr's assignment of EAJA fees 9 to Marc Kalagian. The retainer agreement containing the assignment is attached as 10 exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 11 honor the assignment will depend on whether the fees are subject to any offset 12 allowed under the United States Department of the Treasury's Offset Program. 13 After the order for EAJA fees is entered, the government will determine whether 14 they are subject to any offset. 15 Fees shall be made payable to Torrance Carr, but if the Department of the 16 Treasury determines that Torrance Carr does not owe a federal debt, then the 17 government shall cause the payment of fees, expenses and costs to be made 18 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 19 assignment executed by Torrance Carr.1 Any payments made shall be delivered to 20 Marc Kalagian. 21 This stipulation constitutes a compromise settlement of Torrance Carr's 22 request for EAJA attorney fees, and does not constitute an admission of liability on 23 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 24 25 26 27 28 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 2:22-cv-01069-DJA Document 34 Filed 03/20/23 Page 3 of 6 1 shall constitute a complete release from, and bar to, any and all claims that 2 Torrance Carr and/or Marc Kalagian including Law Offices of Lawrence D. 3 Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with 4 this action. 5 This award is without prejudice to the rights of Marc Kalagian and/or the 6 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 7 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 8 the EAJA. 9 DATE: February 17, 2023 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC, 10 11 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff TORRANCE CARR 12 13 14 15 Respectfully submitted, DATE:February 17, 2023 16 JASON M. FRIERSON United States Attorney 17 /s/ Andrea Banks 18 ANDREA BANKS Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 19 20 21 ORDER 22 23 24 25 26 27 28 Approved and so ordered: DATE: March 20, 2023 ___________________________________ THE HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE -3- Case 2:22-cv-01069-DJA Document 34 Filed 03/20/23 Page 4 of 6 PROOF OF SERVICE 1 2 3 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 17, 2023, I served the foregoing document described 7 as 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. Torrance Carr 1910 Pherrell Street. Apt 4 Las Vegas, NV 89106 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2:22-cv-01069-DJA Document 34 Filed 03/20/23 Page 5 of 6 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-01069-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 March 17, 2023. 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 28 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case Case2:22-cv-01069-DJA 2:22-cv-01069-DJA Document Document33-1 34 Filed Filed03/20/23 03/17/23 Page Page61ofof61

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