Schultz v. Berryhill

1 Cyrus Safa Attorney at Law: 13241 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: [email protected] Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd.

7 710 South 4th Street Las Vegas, NV 89101 Tel.: (702) 385-2220 Fax: (702) 384-0394 E-mail: [email protected] Attorneys for Plaintiff Stephen J. Schultz 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA STEPHEN J. SCHULTZ, ) Case No.: 2:19-cv-00096-BNW ) 16 Plaintiff, ) STIPULATION AND {PROPOSED} ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO ANDREW SAUL, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND 19 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920 20 ) ) 22 TO THE HONORABLE BRENDA WEKSLER, MAGISTRATE JUDGE OF THE DISTRICT COURT: 24 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Stephen J. Schultz be awarded attorney fees and expenses in the amount of two thousand three hundred dollars ($2,300.00) 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 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).

5 After the Court issues an order for EAJA fees to Stephen J. Schultz, the government will consider the matter of Stephen J. Schultz'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.

11 After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

13 Fees shall be made payable to Stephen J. Schultz, but if the Department of the Treasury determines that Stephen J. Schultz 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 Stephen J. Schultz.1 Any payments made shall be delivered to Cyrus Safa.

19 This stipulation constitutes a compromise settlement of Stephen J. Schultz'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 Stephen 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 || J. Schultz and/or Cyrus Safa including Law Offices of Lawrence D. Rohlfing may || have relating to EAJA attorney fees in connection with this action.

3 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.

6 || DATE: May 1, 2020 Respectfully submitted, 7 LAW OFFICES OF LAWRENCE D. ROHLFING 8 /s| Cyrus Sala BY: 9 Cyrus Safa 10 Attorney for plaintiff Stephen J. Schultz | DATE: May 1, 2020 NICHOLAS A. TRUTANICH 13 United States Attorney |s/ Asim Mode ASIM MODI 16 Special Assistant United States Attorney Attorneys for Defendant ANDREW SAUL, 17 Commissioner of Social Security (Per e-mail authorization) 0 IT IS SO ORDERED || DATE: 5/5/2020 23 FR lay@ THE HONORABLE BRENDA WEKSLER 24 UNITED STATES MAGISTRATE JUDGE 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 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.

6 On this day of May 1, 2020, I served the foregoing document described as STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 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. Stephen J. Schultz N. Lamb Blvd. #144 Las Vegas, NV 89110 14 I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California.

16 I declare under penalty of perjury under the laws of the State of California 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 direction the service was made.

Cyrus Safa ___ /s/ Cyrus Safa____________ TYPE OR PRINT NAME SIGNATURE 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:19-CV-00096-BNW 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 May 4, 2020.

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.

9 /s/ Cyrus Safa _______________________________ Cyrus Safa 11 Attorneys for Plaintiff