Perez Luna v. Kijakazi

Opinion

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 Victor Hugo Perez Luna 11

12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 VICTOR HUGO PEREZ LUNA, ) Case No.: 2:21-cv-01376-BNW ) 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 22 TO THE HONORABLE BRENDA WEKSLER, 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 Victor Hugo Perez 26 Luna be awarded attorney fees and expenses in the amount of THREE 1 THOUSAND FIVE HUNDRED TWELVE dollars AND NINETY-THREE cents 2 ($3,512.93) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 3 and costs in the amount of FOUR HUNDRED TWO dollars ($402.00) under 28 4 U.S.C. § 1920. This amount represents compensation for all legal services 5 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 6 accordance with 28 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Victor Hugo Perez Luna, 8 the government will consider the matter of Victor Hugo Perez Luna's assignment 9 of EAJA fees to Marc Kalagian. The retainer agreement containing the assignment 10 is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 11 the ability to honor the assignment will depend on whether the fees are subject to 12 any offset allowed under the United States Department of the Treasury's Offset 13 Program. After the order for EAJA fees is entered, the government will determine 14 whether they are subject to any offset. 15 Fees shall be made payable to Victor Hugo Perez Luna, but if the Department of 16 the Treasury determines that Victor Hugo Perez Luna does not owe a federal debt, 17 then the government shall cause the payment of fees, expenses and costs to be 18 made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the

19 assignment executed by Victor Hugo Perez Luna.1 Any payments made shall be 20 delivered to Marc Kalagian. 21 This stipulation constitutes a compromise settlement of Victor Hugo Perez 22 Luna's request for EAJA attorney fees, and does not constitute an admission of 23 liability on the part of Defendant under the EAJA or otherwise. Payment of the 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 ||agreed amount shall constitute a complete release from, and bar to, any and all 2 ||claims that Victor Hugo Perez Luna and/or Marc Kalagian including Law Offices 3 || of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in 4 ||connection with this action. 5 This award is without prejudice to the rights of Marc Kalagian and/or the 6 || Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 7 || attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 8 || the EAJA. 9 || DATE: October 21, 2022 Respectfully submitted, 10 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 11 /S| WareV. Kalagian BY: 12 Marc V. Kalagian 1 Attorney for plaintiff 3 VICTOR HUGO PEREZ LUNA 14 I DATED: October 21, 2022 JASON M. FRIERSON 5 United States Attorney 16 17 /s/ Danie P. Talbert 18 DANIEL P. TALBERT Special Assistant United States Attorney 19 Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of 20 Social Security (Per e-mail authorization) 21 22 ORDER 23 Approved and so ordered: 94 ||DATE: October 26, 2022 25 Pins THE HONORABLE BRENDA WEKSLER 26 UNITED STATES MAGISTRATE JUDGE

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 October 25, 2022, 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. Victor Hugo Perez Luna 1657 Christy Lane 13 Las Vegas, NV 89142

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 2:21-CV-01376-BNW 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 October 25, 2022. 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

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