Martin Rodriguez Gomez v. United States District Court for the District of Nevada

Opinion

Marc V. Kalagian Attorney at Law: 4460 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: marc.kalagian@rksslaw.com Leonard Stone Attorney at Law: 5791 Shook & Stone 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: Lstone@shookandstone.com

Attorneys for Plaintiff Martin Rodriguez Gomez

MARTIN RODRIGUEZ GOMEZ, ) Case No.: 2:25-cv-02134-MDC ) Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO FRANK BISIGNANO, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND ) COSTS PURSUANT TO 28 U.S.C. §§ Defendant. ) 1920; 2412; DECLARATION OF ) MARC V. KALAGIAN ) )

TO THE HONORABLE MAXIMILIANO D. COUVILLIER, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Martin Rodriguez Gomez (“Rodriguez Gomez”) be awarded attorney fees in the amount of THIRTY THREE HUNDRED dollars ($3,300.00) and no expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. §§ 1920; 2412. 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). Attorneys' fees awarded under the EAJA must be reasonable, but it is for the district court to determine what fee is reasonable. Nerio Mejia v. O'Malley, 120 F.4th 1360, 1363-1364 (9th Cir. 2024). In this matter the parties agree that plaintiff is the prevailing party, that plaintiff is eligible to receive an award of the requested fees and costs, that the decision of the ALJ was not substantially justified, and no special circumstances make an award unjust. The court should also consider the results achieved. Remand was obtained through voluntary consent and agreement of the parties. Through Counsel for the parties efforts, litigation was avoided in this matter and the time expended was reasonable. Therefore, Rodriguez Gomez is entitled to reasonable attorneys’ fees based on the hours reasonably expended (attached hereto as Exhibit 2) multiplied by the prevailing rate as set by the Ninth Circuit Court of Appeals1 and as compared to

other EAJA awards at the district court level within the Ninth Circuit. See Ortiz v. Comm'r of Soc. Sec., No. 2:21-cv-01563 KJM DMC, 2025 LX 334420 (E.D. Cal. Aug. 18, 2025) (granting EAJA fees of $11.036.00); Costa v. Comm'r of SSA, 690 F.3d 1132 *1133-37 (9th Cir. 2012) ("Many district courts have noted that twenty to forty hours is the range most often requested and granted in social security cases."). The hours performed in Rodriguez Gomez’s case total 14.1.

1 After the Court issues an order for EAJA fees to Rodriguez Gomez, the government will consider the matter of Rodriguez Gomez's assignment of EAJA fees to Marc Kalagian. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Rodriguez Gomez, but if the Department of the Treasury determines that Rodriguez Gomez does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Rodriguez Gomez.2 Any payments made shall be delivered to Law Offices of Lawrence D. Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made either by electronic fund transfer (EFT) or by check. This stipulation constitutes a compromise settlement of Rodriguez Gomez's request for EAJA attorney fees, and does not constitute an admission of liability on

the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Rodriguez Gomez and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, may have relating to EAJA attorney fees in connection with this action.

2 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 This award is without prejudice to the nghts of Marc Kalagian and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. I certify that Artificial Intelligence was not used to prepare the foregoing document. DATE: May 21, 2026 —_ Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC /s/ MareV. Kalagiau BY: Marc V. Kalagian Attorney for plaintiff 1] MARTIN RODRIGUEZ GOMEZ DATE: May 21, 2026 SIGAL CHATTAH First Assistant United States Attorney

Special Assistant United States Attorney Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social Security (Per e-mail authorization) IT IS SO ORDERED: DATED8-26-26 71 — 4, ‘7D

THE BOWARABLEA MAOAIMILIANOA» CQUVILL “R JSRITED STATES MAGISTRATE JUDGE L Uf

I, Marc V. Kalagian, declare as follows: 1. I am an attorney at law duly admitted to practice before this Court in this case. I represent Martin Rodriguez Gomez in this action. I make this declaration of my own knowledge and belief. 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with Martin Rodriguez Gomez containing an assignment of the EAJA fees. 3. I attach as exhibit 2 a true and correct copy of the itemization of time in this matter. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed this May 21, 2026, at Santa Fe Springs, California. /s/ Marc V. Kalagian _________________________ Marc V. Kalagian I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 12631 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. On this day of May 22, 2026, I served the foregoing document described as 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Mr. Martin Rodriguez Gomez, Jr. 3915 Sir Payne Court Las Vegas, NV 89104

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. Marc V. Kalagian ___ /s/ Marc V. Kalagian___________