Ohlson v. O'Malley ( 2024 )

1 Marc V. Kalagian Attorney at Law: 4460 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com 5 Leonard Stone 6 Attorney at Law: 5791 Shook & Stone 7 710 South 4th Street Las Vegas, NV 89101 8 Tel.: (702) 385-2220 Fax: (702) 384-0394 9 E-mail: Lstone@shookandstone.com 10 Attorneys for Plaintiff Ryan Earl Ohlson 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 RYAN EARL OHLSON, ) Case No.: 2:24-cv-00265-DJA ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 MARTIN O'MALLEY, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND 19 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 20 ) ) 21 22 TO THE HONORABLE DANIEL J. ALBREGTS, MAGISTRATE JUDGE 23 OF THE DISTRICT COURT: 24 IT IS HEREBY STIPULATED, by and between the parties through their 25 undersigned counsel, subject to the approval of the Court, that Ryan Earl Ohlson 26 (“Ohlson”) be awarded attorney fees in the amount of four thousand two hundred 1 ninety-two dollars and sixty-three cents ($4,292.63) under the Equal Access to 2 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 3 This amount represents compensation for all legal services rendered on behalf of 4 Plaintiff by counsel in connection with this civil action, in accordance with 28 5 U.S.C. §§ 1920; 2412(d). 6 After the Court issues an order for EAJA fees to Ohlson, the government 7 will consider the matter of Ohlson's assignment of EAJA fees to Marc Kalagian. 8 The retainer agreement containing the assignment is attached as exhibit 1. 9 Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the 10 assignment will depend on whether the fees are subject to any offset allowed under 11 the United States Department of the Treasury's Offset Program. After the order for 12 EAJA fees is entered, the government will determine whether they are subject to 13 any offset. 14 Fees shall be made payable to Ohlson, but if the Department of the Treasury 15 determines that Ohlson does not owe a federal debt, then the government shall 16 cause the payment of fees, expenses and costs to be made directly to Law Offices 17 of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by 18 Ohlson.1 Any payments made shall be delivered to Law Offices of Lawrence D. 19 Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made either 20 by electronic fund transfer (ETF) or by check. 21 This stipulation constitutes a compromise settlement of Ohlson's request for 22 EAJA attorney fees, and does not constitute an admission of liability on the part of 23 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 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 ||constitute a complete release from, and bar to, any and all claims that Ohlson 2 || and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, 3 ||may have relating to EAJA attorney fees in connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 || Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act 6 || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 7 EAJA. 8 || DATE: August 27, 2024 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s| WUareV. Kabagian” BY: 1] Marc V. Kalagian Attorney for plaintiff 12 RYAN EARL OHLSON 13 || DATED: August 27, 2024 JASON M. FRIERSON 14 United States Attorney IS |s/ Franco L, Becia 16 □□ JULIE A.K. CUMMINGS 17 Special Assistant United States Attorney Attorneys for Defendant 18 MARTIN O'MALLEY, Commissioner of Social Security (Per e-mail authorization) 19 ORDER 20 Approved and so ordered: 21 DATE: 8/28/2024 ~ 22 23 THE HONORABLE ANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 24 25 ||? Counsel for the plaintiff attests that all other signatories listed, and on whose 6 || behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 1 DECLARATION OF MARC V. KALAGIAN 2 I, Marc V. Kalagian, declare as follows: 3 1. I am an attorney at law duly admitted to practice before this Court in this 4 case. I represent Ryan Earl Ohlson in this action. I make this declaration 5 of my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with 7 Ryan Earl Ohlson containing an assignment of the EAJA fees. 8 3. I attach as exhibit 2 a true and correct copy of the itemization of time in 9 this matter. 10 I declare under penalty of perjury that the foregoing is true and correct to the 11 best of my knowledge and belief. 12 Executed this August 27, 2024, at Santa Fe Springs, California. 13 14 /s/ Marc V. Kalagian 15 _________________________ Marc V. Kalagian 16 17 18 19 20 21 22 23 24 25 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 August 28, 2024, I served the foregoing document described 7 as 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. Ryan Earl Ohlson 7130 Doe Ave 13 Las Vegas, NV 89117 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 Marc V. Kalagian ___ /s/ Marc V. Kalagian___________ 21 TYPE OR PRINT NAME SIGNATURE 22 23 24 25 26 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:24-CV-00265-DJA 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 August 27, 2024. 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/ Marc V. Kalagian _______________________________ 10 Marc V. Kalagian 11 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 d' SOCIAL SECURITY REPRESENTATION AGREEMENT Leo 2022 This agreement was made on July 7, 2022, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Mr. Ryan Earl Ohlson, 8.8.N. 4158, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Mr. Ryan Earl Ohlson’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and empowers Attorney to take such action as may be advisable in the judgment of Attorney, including the taking of judicial review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the Claimant to compensate Attorney out of the proceeds shall receive 25% of the past due benefits awarded by the Social Security Administration to the claimant or such amount as the Commissioner may designate under 42 U.S.C. § 406(a)(2)(A) which is $7,200.00 as of November 30, 2022, whichever is smaller, upon successful completion of the case at or before a first hearing decision from an ALJ. If the Claimant and the Attorney are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval except as stated in 3. 3. The provisions of {| 2 only apply to dispositions at or before a first hearing decision from an ALJ. The fee for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the Social Security Administration. Attorney shall petition for authorization to charge this fee in compliance with the Social Security Act for all time whether exclusively or not committed to such representation. 4. If this matter requires judicial review of any adverse decision of the Social Security Administration, the fee for successful prosecution of this matter is a separate 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the court. Attorney shall seek compensation under the Equal Access to Justice Act and such amount shall credit to the client for fees otherwise payable for that particular work. Client shall endorse such documents as are needed to pay Attorney any amounts under the EAJA and assigns such fee awards to Attorney. 5. Claimant shall pay all costs, including, but not limited to costs for medical reports, filing fees, and consultations and examinations by experts, in connection with the cause of action. 6. Attorney shall be entitled to a reasonable fee; notwithstanding the Claimant may discharge or obtain the substitution of attorneys before Attorney has completed the services for which he is hereby employed. 7. Attorney has made no warranties as to the successful termination of the cause of action, and all expressions made by Attorney relative thereto are matters of Attorney’s opinion only. 8. This Agreement comprises the entire contract between Attorney and Claimant. The laws of the State of California shall govern the construction and interpretation of this Agreement except that federal law governs the approval of fees by the Commissioner or a federal court. Business and Professions Code § 6147(a)(4) states “that the fee is not set by law but is negotiable between attorney and client.” 9. Attorney agrees to perform all the services herein mentioned for the compensation provided above. 10. Client authorizes attorney to pay out of attorney fees and without cost to client any and all referral or association fees to not to exceed 25% of fees and without adding to any fees owed by Claimant. 11. The receipt from Claimant of _ none _is hereby acknowledged by attorney to be placed in trust and used for costs. Itis so agreed. □□□ Olvoon ——_[a! Matthew F. Boladieng Mr. R¥an Earl Ohlson Law Offices of Lawrence D. Rohifing, Inc., CPC Matthew F. Holmberg lel Mare. Kalagian Marc V. Kalagian Social Security case Responsible Attorneys: Marc V. Kalagian (MVK) and Matthew F. Holmberg (MFH) Paralegals: Enedina Perez (EP) and Marylin Ibarra-Gonzalez Flores (MIG) at $179.00 DATE: TIME: PLGL: DESCRIPTION: 8-Jan-24 0.5 EP preparation of letter to client regarding scope and terms of representation at District Court 12-Jan-24 0.1 EP client call 17-Jan-24 0.15 EP client call 17-Jan-24 0.2 EP review of client IFP statement and evaluate for IFP eligibility 17-Jan-24 0.1 EP email to client 7-Feb-24 0.15 EP review of client email and drafting reply to client 7-Feb-24 0.5 EP receipt of memo and filing of complaint and related papers 8-Feb-24 0.05 EP review of option to decline magistrate judge 8-Feb-24 0.1 EP review of notice of reference 28-Feb-24 0.05 EP review of Defendant's notice of appearance 4-Mar-24 0.1 EP review of order granting to proceed IFP 11-Mar-24 0.3 EP preparation of letter to client letter with DC status upon filing complaint 8-Apr-24 0.2 EP receipt and review administrative record; preparation of memorandum to MVK & MFH re: same 11-Apr-24 0.3 EP preparation of letter to client with status after receipt of administrative record 18-Apr-24 0.05 EP review of order granting stipulation for extension 18-Jun-24 0.1 EP review of Defendant's withdrawal of counsel and Defendant's notice of appearance 23-Jul-24 0.4 MIG preparation of client letter re: remand scope and process 29-Jul-24 0.3 EP preparation of letter to Appeals Council - AC Post Judgment letter Subtotals 3.65 $653.35 DATE: TIME: ATTY: DESCRIPTION: 8-Jan-24 0.6 MFH review ALJ decision, Appeals Council denial letter, and file for District Court case 6-Feb-24 1 MFH preparation of Complaint Titles II & XVI 7-Feb-24 0.2 MVK review and edit complaint for filing 15-Apr-24 0.2 MFH preparation of stip for extension of time 15-Apr-24 0 MVK review stip for ARC and emailing of stip to ARC 1-Jun-24 2.2 MFH research and review of record in preparation of Plaintiff's Brief (3,233 pages) 1-Jun-24 2.38 MFH drafting Plaintiff's Brief 2-Jun-24 3.3 MFH drafting Plaintiff's Brief continued 3-Jun-24 2.75 MFH drafting Plaintiff's Brief continued 4-Jun-24 0.3 MVK review and revise Plaintiff's Brief for filing 5-Jul-24 0.1 MVK review of email from ARC requesting extension and replying to ARC authorizing extension Responsible Attorneys: Marc V. Kalagian (MVK) and Matthew F. Holmberg (MFH) DATE: TIME: ATTY: DESCRIPTION: 11-Jul-24 0.1 MVK review of email from ARC re: proposed remand and drafting email response to ARC confirming receipt and need to discuss this with client 11-Jul-24 0.2 MFH review of proposed remand stipulation and review of Plaintiff's Brief 11-Jul-24 0.08 MFH client call re: proposed remand 11-Jul-24 0.3 MFH preparation of letter to client confirming agreement to remand on stipulation 11-Jul-24 0.05 MVK email to ARC authorizing filing of proposed remand stipulation 15-Jul-24 0.15 MFH review the judgment and order 17-Aug-24 0.6 MFH preparation of EAJA settlement package 17-Aug-24 0.3 MFH preparation of request for authority 17-Aug-24 0.4 MFH preparation of EAJA stipulation and order for fees 19-Aug-24 0.1 MVK review of EAJA stipulation and settlement package Subtotals 15.31 $3,745.13 SORENSON V. MINK CALCULATIONS 2023-24 15.31 $244.62 $3,745.13 TOTAL TIME 18.96 TOTAL EAJA $4,398.48