Dillon v. Saul, No. 3:2020cv00294 - Document 27 (D. Nev. 2021)

Court Description: ORDER granting ECF No. 26 Stipulation. Shaun R. Dillon is awarded attorney fees and expenses in the amount of three thousand nine hundred fourteen dollars ($3,914.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§1920; 2412(d). See PDF image for additional details. Signed by Magistrate Judge Carla Baldwin on 5/21/2021. (Copies have been distributed pursuant to the NEF - AB)

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Dillon v. Saul Doc. 27 1 2 3 4 5 6 7 8 9 10 11 Cyrus Safa Attorney at Law: 13241 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd. 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: LMoreno@shookandstone.com Attorneys for Plaintiff Shaun R. Dillon 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 SHAUN R. DILLON, 16 Plaintiff, 17 18 19 20 vs. ANDREW SAUL, Commissioner of Social Security, Defendant. 21 22 23 24 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:20-cv-00294-CLB STIPULATION AND 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 CARLA BALDWIN, 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 Shaun R. Dillon be 26 awarded attorney fees and expenses in the amount of three thousand nine hundred 27 -1Dockets.Justia.com 1 fourteen dollars ($3,914.00) 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). 5 After the Court issues an order for EAJA fees to Shaun R. Dillon, the 6 government will consider the matter of Shaun R. Dillon's assignment of EAJA fees 7 to Law Offices of Lawrence D. Rohlfing. The retainer agreement containing the 8 assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 9 2529 (2010), the ability to honor the assignment will depend on whether the fees 10 are subject to any offset allowed under the United States Department of the 11 Treasury's Offset Program. After the order for EAJA fees is entered, the 12 government will determine whether they are subject to any offset. Fees shall be made payable to Shaun R. Dillon, but if the Department of the 13 14 Treasury determines that Shaun R. Dillon does not owe a federal debt, then the 15 government shall cause the payment of fees and expenses to be made directly to 16 Law Offices of Lawrence D. Rohlfing, pursuant to the assignment executed by 17 Shaun R. Dillon.1 Any payments made shall be delivered to Lawrence D. 18 Rohlfing. This stipulation constitutes a compromise settlement of Shaun R. Dillon's 19 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 Shaun 23 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- 1 R. Dillon and/or Lawrence D. Rohlfing including Law Offices of Lawrence D. 2 Rohlfing may have relating to EAJA attorney fees in connection with this action. 3 This award is without prejudice to the rights of Cyrus Safa and/or the Law 4 Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under 5 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 6 DATE: May 19, 2021 LAW OFFICES OF LAWRENCE D. ROHLFING 7 /s/ Lawrence D. Rohlfing BY: __________________ Lawrence D. Rohlfing Attorney for plaintiff Shaun R. Dillon 8 9 10 11 Respectfully submitted, DATE: May 19, 2021 12 13 CHRISTOPHER CHIOU Acting United States Attorney /s/ Allison J. Cheung 14 ALLISON J. CHEUNG Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e-mail authorization) 15 16 17 18 19 20 21 IT IS SO ORDERED: DATE: May 21, 2021 ___________________________________ THE HONORABLE CARLA BALDWIN UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 -3- 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 20, 2021, 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. Shaun R. Dillon 65 Buttercup Circle Sun Valley, NV 89433 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. Cyrus Safa TYPE OR PRINT NAME /s/ Cyrus Safa____________ SIGNATURE 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 3:20-CV-00294-CLB 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 20, 2021. 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/ Cyrus Safa _______________________________ Cyrus Safa Attorneys for Plaintiff

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