(SS) Flores v. Commissioner of Social Security ( 2020 )

1 Laura E. Krank Attorney at Law: 220208 2 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 3 Long Beach, CA 90802 Tel.: (562) 437-7006 4 Fax: (562) 432-2935 E-mail: Laura.Krank@rksslaw.com 5 Attorneys for Plaintiff 6 Terrie Jo Flores 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TERRIE JO FLORES, ) Case No.: 1:18-cv-01523-SKO 11 ) Plaintiff, ) STIPULATION AND ORDER FOR THE 12 ) AWARD AND PAYMENT OF ATTORNEY vs. ) FEES AND EXPENSES PURSUANT TO 13 ) THE EQUAL ACCESS TO JUSTICE ACT, ANDREW SAUL, ) 28 U.S.C. § 2412(d) AND COSTS 14 Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 ) 15 Defendant. ) (Doc. 16) ) 16 ) 17 TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF THE 18 DISTRICT COURT: 19 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Terrie Jo Flores be awarded attorney fees in 21 the amount of FIVE THOUSAND FOUR HUNDRED, FIFTEEN dollars and FOURTY-FIVE 22 cents ($5,415.45) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 23 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 24 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 25 26 1 After the Court issues an order for EAJA fees to Terrie Jo Flores, the government will 2 consider the matter of Terrie Jo Flores's assignment of EAJA fees to Laura E. Krank. The 3 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. 4 Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether 5 the fees are subject to any offset allowed under the United States Department of the Treasury's 6 Offset Program. After the order for EAJA fees is entered, the government will determine 7 whether they are subject to any offset. 8 Fees shall be made payable to Terrie Jo Flores, but if the Department of the Treasury 9 determines that Terrie Jo Flores does not owe a federal debt, then the government shall cause the 10 payment of fees, expenses and costs to be made directly to Law Offices of Rohlfing & Kalagian, 11 LLP, pursuant to the assignment executed by Terrie Jo Flores.1 Any payments made shall be 12 delivered to Laura E. Krank. 13 This stipulation constitutes a compromise settlement of Terrie Jo Flores's request for 14 EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 15 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Terrie Jo Flores and/or Laura E. Krank including Law 17 Offices of Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection 18 with this action. 19 This award is without prejudice to the rights of Laura E. Krank and/or the Law Offices of 20 Rohlfing & Kalagian, LLP to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 21 subject to the savings clause provisions of the EAJA. 22 23 IT IS SO ORDERED. 24 Sheila K. Oberto Dated: March 10, 2020 /s/ . 25 UNITED STATES MAGISTRATE JUDGE 26 1 1 2 3 4 5 6 DATE: March 9, 2020 Respectfully submitted, 7 ROHLFING & KALAGIAN, LLP 8 /s/ Laura E. Krank BY: __________________ 9 Laura E. Krank Attorney for plaintiff Terrie Jo Flores 10 11 DATED: March 9, 2020 McGREGOR W. SCOTT United States Attorney 12 13 /s/ Margaret I. Branick-Abilla 14 MARGARET I. BRANICK-ABILLA Special Assistant United States Attorney 15 Attorneys for Defendant ANDREW SAUL, Commissioner of Social Security (Per e- 16 mail authorization) 17 ORDER 18 Based upon the parties’ above “Stipulation for the Award and Payment of Attorney Fees 19 and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)” (the 20 “Stipulation”) (Doc. 16), attorney’s fees in the amount of FIVE THOUSAND FOUR 21 HUNDRED, FIFTEEN dollars and FOURTY-FIVE cents ($5,415.45) under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d), shall be awarded, subject to the terms of the 23 Stipulation. 24 25 26