Holtan v. Kijakazi, No. 2:2022cv01222 - Document 30 (D. Nev. 2023)

Court Description: ORDER Granting 29 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 4/17/2023. (Copies have been distributed pursuant to the NEF - JQC)

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Holtan v. Kijakazi Doc. 30 Case 2:22-cv-01222-VCF Document 30 Filed 04/17/23 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 Jeffrey Lynn Holtan 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 JEFFREY LYNN HOLTAN, 16 17 18 19 20 Plaintiff, vs. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. 21 22 23 24 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-01222-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) AND COSTS PURSUANT TO 28 U.S.C. § 1920 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 Jeffrey Lynn Holtan 26 be awarded attorney fees and expenses in the amount of THIRTY SEVEN 27 -1Dockets.Justia.com Case 2:22-cv-01222-VCF Document 30 Filed 04/17/23 Page 2 of 6 1 HUNDRED dollars ($3,700.00) under the Equal Access to Justice Act (EAJA), 28 2 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Jeffrey Lynn Holtan, the 5 6 government will consider the matter of Jeffrey Lynn Holtan'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 Jeffrey Lynn Holtan, but if the Department of 14 the Treasury determines that Jeffrey Lynn Holtan does not owe a federal debt, then 15 the government shall cause the payment of fees, expenses and costs to be made 16 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 17 assignment executed by Jeffrey Lynn Holtan.1 Any payments made shall be 18 delivered to Marc Kalagian. This stipulation constitutes a compromise settlement of Jeffrey Lynn 19 20 Holtan's request for EAJA attorney fees, and does not constitute an admission of 21 liability on the part of Defendant under the EAJA or otherwise. Payment of the 22 agreed amount shall constitute a complete release from, and bar to, any and all 23 claims that Jeffrey Lynn Holtan and/or Marc Kalagian including Law Offices of 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-01222-VCF Document 30 Filed 04/17/23 Page 3 of 6 1 Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 2 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 13, 2023 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 8 /s/ Marc V. Kalagian BY: __________________ Marc V. Kalagian Attorney for plaintiff JEFFREY LYNN HOLTAN 9 10 11 12 13 DATE:April 13, 2023 JASON M. FRIERSON United States Attorney 14 /s/ Julie Cummings 15 JULIE CUMMINGS 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: 4-17-2023 ___________________________________ THE HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 25 26 27 -3- Case 2:22-cv-01222-VCF Document 30 Filed 04/17/23 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 April 14, 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 Mr. Jeffrey Lynn Holtan 3589 E. Hacienda Ave. Las Vegas, NV 89120 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-01222-VCF Document 30 Filed 04/17/23 Page 5 of 6 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:22-CV-01222-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 April 14, 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-01222-VCF Document 30 Filed 04/17/23 Page 6 of 6 /S/ Lawrence D. Rohlfing /s/Marc V. Kalagian

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