Case Information
Cyrus Safa Attorney at Law: 282971 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: rohlfing.office@rohlfinglaw.com
Attorneys for Plaintiff Haley J. Fillmore
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA HALEY J. FILLMORE, ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:20-cv-01599-DMC
Plaintiff, STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND NO COSTS PURSUANT TO 28 U.S.C. § 1920 vs.
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant. TO THE HONORABLE DENNIS M. COTA, 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 Haley J. Fillmore be
awarded attorney fees in the amount of three thousand seven-hundred seventy-
eight dollars and seventy five cents ($3,778.75) under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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).
After the Court issues an order for EAJA fees to Haley J. Fillmore, the government will consider the matter of Haley J. Fillmore's assignment of EAJA
fees to Cyrus Safa. 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 Haley J. Fillmore, but if the Department of the Treasury determines that Haley J. Fillmore 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, pursuant to the assignment
executed by Haley J. Fillmore. [1] Any payments made shall be delivered to Cyrus
Safa.
This stipulation constitutes a compromise settlement of Haley J. Fillmore'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 Haley J.
Fillmore and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may
have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Cyrus Safa and/or the Law Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
DATE: December 8, 2021 Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING /s/ Cyrus Safa
BY: __________________ Cyrus Safa Attorney for plaintiff HALEY J. FILLMORE DATED:December 8, 2021 PHILLIP A. TALBERT Acting United States Attorney
PETER K. THOMPSON Regional Chief Counsel Social Security Administration /s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant United States Attorney
Attorneys for Defendant KILOLO KIJAKAZI, Acting Commissioner of Social Security (Per e-mail authorization) ORDER
Approved and so ordered:
Dated: December 21, 2021
_______________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE
[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 Offset Program.