Case 2:13-cv-01260-JCM-CWH Document 34 Filed 03/11/24 Page 1 of 5
`
`Marc V. Kalagian
`Attorney at Law: 4460
`Law Offices of Rohlfing & Kalagian, LLP
`211 East Ocean Boulevard, Suite 420
`Long Beach, CA 90802
`Tel.: (562)437-7006
`Fax: (562)432-2935
`E-mail: rohlfing.kalagian@rksslaw.com
`Attorneys for Plaintiff
`Susan M Taylor
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`Case No.: 2:13-cv-01260-JCM-CWH
`STIPULATION FOR THE AWARD
`AND PAYMENT OF ATTORNEY
`FEES PURSUANT TO THE EQUAL
`ACCESS TO JUSTICE ACT, 28 U.S.C.
`§ 2412(d)
`
`))))))))))))
`
`SUSAN M TAYLOR,
`Plaintiff,
`
`vs.
`CAROLYN W. COLVIN, Acting
`Commissioner of Social Security,
`Defendant.
`
`TO THE HONORABLE CARL W. HOFFMAN, MAGISTRATE JUDGE
`OF THE DISTRICT COURT:
`IT IS HEREBY STIPULATED by and between the parties through their
`undersigned counsel, subject to the approval of the Court, that Susan M Taylor be
`awarded attorney fees in the amount of Two Thousand dollars ($2,000.00) under
`the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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).
`
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`Case 2:13-cv-01260-JCM-CWH Document 34 Filed 03/11/24 Page 2 of 5
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` After the Court issues an order for EAJA fees to Susan M Taylor, the
`government will consider the matter of Susan M Taylor's assignment of EAJA fees
`to Marc V. 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 Susan M Taylor, but if the Department of the
`Treasury determines that Susan M Taylor 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 Rohlfing & Kalagian, LLP, pursuant to the assignment
`executed by Susan M Taylor. United States v. $186,416.00, 722 F.3d 1173, 1176
`(9th Cir. 2013) ($186,416.00 II) (ordering fees paid to counsel because of an
`assignment that did not interfere with a raised superior lien).1
` Any payments made
`shall be delivered to Marc V. Kalagian.
`
`1 The Commissioner does not stipulate to the citation of $186,416.00 II, and will
`not participate in representing to this Court that it carries legal import in these
`proceedings. $186,416 II involved a different statute and very different factual
`circumstances than those presented here, or in other Social Security cases.
`Because the parties have agreed to the payment of EAJA fees, and the amount, and
`to avoid motion practice solely related to Plaintiff’s citation, the Commissioner
`agrees to this stipulation. The Commissioner reserves the right to challenge the
`applicability of $186,416 to any Social Security case, and this Stipulation should
`not be construed as a waiver of such reservation.
`
`Susan M. Taylor contends that U.S. v. $186,416.00 in U.S. Currency, 642 F.3d
`753, 757 (9th Cir. 2011) ($186,416.00 I)held that there is no functional difference
`between the CAFRA and EAJA in terms of "ownership" of the fee.
`
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`

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`Case 2:13-cv-01260-JCM-CWH Document 34 Filed 03/11/24 Page 3 of 5
`
` This stipulation constitutes a compromise settlement of Susan M Taylor'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 Susan
`M Taylor and/or Marc V. Kalagian including Law Offices of Rohlfing & Kalagian,
`LLP may have relating to EAJA attorney fees in connection with this action.
`This award is without prejudice to the rights of Marc V. Kalagian and/or the
`Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney
`fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
`EAJA.
`DATE: March 4, 2014
`
`Respectfully submitted,
`ROHLFING & KALAGIAN, LLP
`/s/ Marc V. Kalagian
` __________________
` BY:
`Marc V. Kalagian
`Attorney for plaintiff Susan M Taylor
`
`DATED: March 4, 2014
`
` Daniel G. Bogden
` United States Attorney
`
`
`
`/s/ Michael K. Marriott
`
` BY:
`Michael K. Marriott
`
` Special Assistant United States Attorney
` Attorneys for Defendant Carolyn W. Colvin,
`Acting Commissioner of Social Security
`
` (Per e-mail authorization)
`
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`Case 2:13-cv-01260-JCM-CWH Document 34 Filed 03/11/24 Page 4 of 5
`
`CERTIFICATE OF SERVICE
`FOR CASE NUMBER 2:13-CV-01260-JCM-CWH
`
`I hereby certify that I electronically filed the foregoing with the Clerk of the
`
`Court for this court by using the CM/ECF system on March 4, 2014.
`
` I certify that all participants in the case are registered CM/ECF users and
`
`that service will be accomplished by the CM/ECF system, except the plaintiff
`
`served herewith by mail.
`
`/s/ Marc V. Kalagian
`_______________________________
`Marc V. Kalagian
`Attorneys for Plaintiff
`
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`Case 2:13-cv-01260-JCM-CWH Document 34 Filed 03/11/24 Page 5 of 5
`
`Marc V. Kalagian
`Attorney at Law: 4460
`Law Offices of Rohlfing & Kalagian, LLP
`211 East Ocean Boulevard, Suite 420
`Long Beach, CA 90802
`Tel.: (562)437-7006
`Fax: (562)432-2935
`E-mail: rohlfing.kalagian@rksslaw.com
`Attorneys for Plaintiff
`Susan M Taylor
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`Case No.: 2:13-cv-01260-JCM-CWH
`{PROPOSED} ORDER AWARDING
`EQUAL ACCESS TO JUSTICE ACT
`ATTORNEY FEES PURSUANT TO
`28 U.S.C. § 2412(d)
`
`))))))))))))
`
`SUSAN M TAYLOR,
`Plaintiff,
`
`vs.
`CAROLYN W. COLVIN, Acting
`Commissioner of Social Security,
`Defendant
`
`Based upon the parties’ Stipulation for the Award and Payment of Equal
`Access to Justice Act Fees, Costs, and Expenses:
`IT IS ORDERED that fees in the amount of $2,000.00 as authorized by 28
`U.S.C. § 2412, be awarded subject to the terms of the Stipulation.
`
`DATE:
`
`___________________________________
`THE HONORABLE CARL W. HOFFMAN
`UNITED STATES MAGISTRATE JUDGE
`
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`UNITED STATES DISTRICT JUDGE
`
`July 15, 2014.
`
`