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: CBrown@shookandstone.com
10 Attorneys for Plaintiff Jeffrey Lynn Holtan 11
14 15 JEFFREY LYNN HOLTAN, ) Case No.: 2:22-cv-01222-VCF ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND 19 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 20 Defendant. ) ) 21 23 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 Jeffrey Lynn Holtan 26 be awarded attorney fees and expenses in the amount of THIRTY SEVEN 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). 5 After the Court issues an order for EAJA fees to Jeffrey Lynn Holtan, the 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.
19 This stipulation constitutes a compromise settlement of Jeffrey Lynn 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 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 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, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /s/ Marc V. Kalagian BY: __________________ 10 Marc V. Kalagian Attorney for plaintiff 12 DATE:April 13, 2023 JASON M. FRIERSON 13 United States Attorney 14 15 /s/ Julie Cummings Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 21 Approved and so ordered: 22 DATE: 4 - 17-2023 23 ___________________________________ THE HONORABLE CAM FERENBACH 25 26 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 14, 2023, I served the foregoing document described as 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. 13 Las Vegas, NV 89120
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___________ 22 23 24 25 26 FOR CASE NUMBER 2:22-CV-01222-VCF 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 14, 2023. 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 SOCIAL SECURITY REPRESENTATION AGREEMENT FEB YU 2 □□□□ This agreement was made on December 28, 2021, by and between the Law Offices of Lawrence D. referred to as attorney and Mr. Jeffrey Lynn Holtan, $.5.N. '-6595, herein referred to as laimant. 1. Claimant employs and appoints Law Offices of Lawrence D, Rohlfing to represent Claimant as Mr. Lynn Holtan’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and Attorney to take such action as may be advisable in the judgment of Attorney, including the taking of review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the laimant to compensate Attorney out of the proceeds shall receive 25% of the past due benefits awarded by Social Security Administration to the claimant and auxiliary beneficiaries or $6,000.00, whichever is upon successful completion of the case at or before a first hearing decision from an ALJ. If the laimant and the Attorney are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is expedited fee approval except as stated in ff 3 and 4. 3. The provisions of 2 only apply to dispositions at or before a first hearing decision from an ALJ. The for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any ALJ decision for work before the Social Security Administration. Attorney shall petition for to charge this fee in compliance with the Social Security Act for all time whether exclusively or committed to such representation. 4.
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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: CBrown@shookandstone.com
10 Attorneys for Plaintiff Jeffrey Lynn Holtan 11
14 15 JEFFREY LYNN HOLTAN, ) Case No.: 2:22-cv-01222-VCF ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d) AND 19 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 20 Defendant. ) ) 21 23 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 Jeffrey Lynn Holtan 26 be awarded attorney fees and expenses in the amount of THIRTY SEVEN 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). 5 After the Court issues an order for EAJA fees to Jeffrey Lynn Holtan, the 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.
19 This stipulation constitutes a compromise settlement of Jeffrey Lynn 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 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 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, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /s/ Marc V. Kalagian BY: __________________ 10 Marc V. Kalagian Attorney for plaintiff 12 DATE:April 13, 2023 JASON M. FRIERSON 13 United States Attorney 14 15 /s/ Julie Cummings Special Assistant United States Attorney 17 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 18 Social Security (Per e-mail authorization) 19 21 Approved and so ordered: 22 DATE: 4 - 17-2023 23 ___________________________________ THE HONORABLE CAM FERENBACH 25 26 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 14, 2023, I served the foregoing document described as 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. 13 Las Vegas, NV 89120
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___________ 22 23 24 25 26 FOR CASE NUMBER 2:22-CV-01222-VCF 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 14, 2023. 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 SOCIAL SECURITY REPRESENTATION AGREEMENT FEB YU 2 □□□□ This agreement was made on December 28, 2021, by and between the Law Offices of Lawrence D. referred to as attorney and Mr. Jeffrey Lynn Holtan, $.5.N. '-6595, herein referred to as laimant. 1. Claimant employs and appoints Law Offices of Lawrence D, Rohlfing to represent Claimant as Mr. Lynn Holtan’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and Attorney to take such action as may be advisable in the judgment of Attorney, including the taking of review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the laimant to compensate Attorney out of the proceeds shall receive 25% of the past due benefits awarded by Social Security Administration to the claimant and auxiliary beneficiaries or $6,000.00, whichever is upon successful completion of the case at or before a first hearing decision from an ALJ. If the laimant and the Attorney are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is expedited fee approval except as stated in ff 3 and 4. 3. The provisions of 2 only apply to dispositions at or before a first hearing decision from an ALJ. The for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any ALJ decision for work before the Social Security Administration. Attorney shall petition for to charge this fee in compliance with the Social Security Act for all time whether exclusively or committed to such representation. 4. If this matter requires judicial review of any adverse decision of the Social Secunty Administration, fee for successful prosecution of this matter is a separate 25% of the past due benefits awarded upon of any unfavorable ALJ decision for work before the court. Attorney shall seek compensation the Equal Access to Justice Act and such amount shall credit to the client for fees otherwise payable for particular work. Client shall endorse such documents as are needed to pay Attorney any amounts under the AJA and assigns such fee awards to Attorney. 5. Claimant shal] pay all costs, including, but not limited to costs for medical reports, filing fees, and 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 substitution of attorneys before Attorney has completed the services for which he is hereby employed, and shall file a fee petition for such services. 7. Attorney has made no warranties as to the successful termination of the cause of action, and all made by Attorney relative thereto are matters of Attomey’s opinion only. 8. This Agreement comprises the entire contract between Attorney and Claimant. The laws of the State California shall govern the construction and interpretation of this Agreement except that federal Jaw governs approval of fees by the Commissioner or a federal court. Business and Professions Code § 6147{a)(4) states the fee is not set by law but is negotiable between attorney and client.” 9. Attomey 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 fees to James T. Crytzer, not to exceed 25% of fees. 11. The receipt from Claimant of none __ is hereby acknowledged by attorney to be placed in trust used for costs. is [S| LaunenceD, Rollfing 1 Law Offices of Lawrence D. Rohlfing Lawrence D Rohlfing [o][ Mare V. Katagian