Stoddart v. Kijakazi, No. 2:2022cv01119 - Document 33 (D. Nev. 2023)
Court Description: ORDER granting ECF No. 32 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 5/3/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Stoddart v. Kijakazi Doc. 33 Case 2:22-cv-01119-DJA Document 33 Filed 05/03/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 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 Dolly Stoddart 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 16 17 18 19 20 DOLLY STODDART, Plaintiff, vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-01119-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 21 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 Dolly Stoddart be awarded attorney fees and expenses in the amount of THIRTY-EIGHT -1Dockets.Justia.com Case 2:22-cv-01119-DJA Document 33 Filed 05/03/23 Page 2 of 6 1 HUNDRED dollars ($3,800.00) under the Equal Access to Justice Act (EAJA), 28 2 U.S.C. § 2412(d), and costs in the amount of zero dollars ($0.00) under 28 U.S.C. 3 § 1920. This amount represents compensation for all legal services rendered on 4 behalf of Plaintiff by counsel in connection with this civil action, in accordance 5 with 28 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Dolly Stoddart, the 7 government will consider the matter of Dolly Stoddart's assignment of EAJA fees 8 to Marc Kalagian. The retainer agreement containing the assignment is attached as 9 exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to 10 honor the assignment will depend on whether the fees are subject to any offset 11 allowed under the United States Department of the Treasury's Offset Program. 12 After the order for EAJA fees is entered, the government will determine whether 13 they are subject to any offset. Fees shall be made payable to Dolly Stoddart, but if the Department of the 14 15 Treasury determines that Dolly Stoddart does not owe a federal debt, then the 16 government shall cause the payment of fees, expenses and costs to be made 17 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 18 assignment executed by Dolly Stoddart.1 Any payments made shall be delivered to 19 Marc Kalagian. This stipulation constitutes a compromise settlement of Dolly Stoddart's 20 21 request for EAJA attorney fees, and does not constitute an admission of liability on 22 the part of Defendant under the EAJA or otherwise. Payment of the agreed amount 23 shall constitute a complete release from, and bar to, any and all claims that Dolly 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 2:22-cv-01119-DJA Document 33 Filed 05/03/23 Page 3 of 6 1 Stoddart and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, 2 Inc., CPC may have relating to EAJA attorney fees in connection with 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: April 17, 2023 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 8 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff DOLLY STODDART 9 10 11 12 13 DATE: May 2, 2023 JASON M. FRIERSON United States Attorney 14 /s/ Ryan Lu 15 RYAN LU Special Assistant United States Attorney Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) 16 17 18 19 20 21 22 23 24 ORDER Approved and so ordered: DATE: May 3, 2023 ___________________________________ THE HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 25 26 27 -3- Case 2:22-cv-01119-DJA Document 33 Filed 05/03/23 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 2, 2023, 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 Mrs. Dolly Stoddart 107 Scarlett View Avenue North Las Vegas, NV 89031 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 2:22-cv-01119-DJA Document 33 Filed 05/03/23 Page 5 of 6 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-01119-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 2, 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 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case 2:22-cv-01119-DJA Document 33 Filed 05/03/23 Page 6 of 6
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