(SS) Gloria P. Ruiz v. Commissioner of Social Security ( 2021 )

1 Lawrence D. Rohlfing Attorney at Law: 119433 2 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com 5 Attorneys for Plaintiff 6 Gloria Paredes Ruiz 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GLORIA PAREDES RUIZ, ) Case No.: 1:17-cv-00180-BAM ) 11 Plaintiff, ) STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY 12 vs. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 13 ANDREW SAUL, ) JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, ) AND COSTS PURSUANT TO 28 14 ) U.S.C. § 1920 Defendant. ) 15 ) ) 16 17 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE 18 JUDGE OF THE DISTRICT COURT: 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Gloria Paredes Ruiz 21 be awarded attorney fees and expenses in the amount of eleven thousand five 22 hundred dollars ($11,500.00) under the Equal Access to Justice Act (EAJA), 28 23 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, including the appellate court proceedings in Ninth 26 Circuit Case No. 20-15286, and in accordance with 28 U.S.C. §§ 1920; 2412(d). 1 After the Court issues an order for EAJA fees to Gloria Paredes Ruiz, the 2 government will consider the matter of Gloria Paredes Ruiz's assignment of EAJA 3 fees to Lawrence D. Rohlfing. The retainer agreement containing the assignment 4 is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 5 the ability to honor the assignment will depend on whether the fees are subject to 6 any offset allowed under the United States Department of the Treasury's Offset 7 Program. After the order for EAJA fees is entered, the government will determine 8 whether they are subject to any offset. 9 Fees shall be made payable to Gloria Paredes Ruiz, but if the Department of 10 the Treasury determines that Gloria Paredes Ruiz does not owe a federal debt, then 11 the government shall cause the payment of fees, expenses and costs to be made 12 directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment 13 executed by Gloria Paredes Ruiz.1 Any payments made shall be delivered to 14 Lawrence D. Rohlfing. 15 This stipulation constitutes a compromise settlement of Gloria Paredes 16 Ruiz's request for EAJA attorney fees, and does not constitute an admission of 17 liability on the part of Defendant under the EAJA or otherwise. Payment of the 18 agreed amount shall constitute a complete release from, and bar to, any and all 19 claims that Gloria Paredes Ruiz and/or Lawrence D. Rohlfing including Law 20 Offices of Lawrence D. Rohlfing may have relating to EAJA attorney fees in 21 connection with this action and Ninth Circuit action No. 20-15286. 22 23 24 25 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 26 1 This award is without prejudice to the rights of Lawrence D. Rohlfing and/or 2 the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees 3 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 DATE: April 6, 2021 Respectfully submitted, 5 LAW OFFICES OF LAWRENCE D. ROHLFING 6 /s/ Lawrence D. Rohlfing BY: __________________ 7 Lawrence D. Rohlfing Attorney for plaintiff Gloria Paredes Ruiz 8 9 DATED: April 8, 2021 PHILLIP TALBERT Acting United States Attorney 10 11 /s/ Shea L. Bond 12 SHEA L. BOND 13 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, 14 Commissioner of Social Security (Per e-mail authorization) 15 16 ORDER 17 Based upon the parties’ Stipulation for the Award and Payment of Attorney 18 Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 19 2412(d) and Costs Pursuant to 28 U.S.C. § 1920, filed on April 8, 2021 (Doc. No. 20 37.): 21 IT IS HEREBY ORDERED that attorney fees in the amount of ELEVEN THOUSAND AND FIVE HUNDRED DOLLARS ($11,500.00) be awarded 22 subject to the terms of the stipulation. 23 IT IS SO ORDERED. 24 25 Dated: April 9, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 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 8, 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 Ms. Gloria Paredes Ruiz 258 W. 700 South #217 13 Salt Lake City, UT 84101 14 I caused such envelope with postage thereon fully prepaid to be placed in the 15 United States mail at Santa Fe Springs, California. 16 I declare under penalty of perjury under the laws of the State of California 17 that the above is true and correct. 18 I declare that I am employed in the office of a member of this court at whose 19 direction the service was made. 20 Lawrence D. Rohlfing ___ /s/ Lawrence D. Rohlfing____________ 21 TYPE OR PRINT NAME SIGNATURE 22 23 24 25 26 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 1:17-CV-00180-BAM 2 I hereby certify that I electronically filed the foregoing with the Clerk of the 3 4 Court for this court by using the CM/ECF system on April 8, 2021. 5 I certify that all participants in the case are registered CM/ECF users and 6 that service will be accomplished by the CM/ECF system, except the plaintiff 7 served herewith by mail. 8 9 /s/ Lawrence D. Rohlfing _______________________________ 10 Lawrence D. Rohlfing 11 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26