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: [email protected] 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: [email protected]

10 Attorneys for Plaintiff Jamie Neiffer 11

12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 JAMIE NEIFFER, ) Case No.: 2:24-cv-01894-MDC ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 LELAND DUDEK, ) THE EQUAL ACCESS TO JUSTICE Acting Commissioner of Social ) ACT,

(d) AND 19 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920 20 Defendant. ) ) 21 22 TO THE HONORABLE MAXIMILIANO D. COUVILLIER, 23 MAGISTRATE JUDGE 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 Jamie Neiffer 26 (“Neiffer”) be awarded attorney fees in the amount of FOUR THOUSAND dollars 1 ($4,000.00) and expenses in the amount of dollars ($0.00) under the Equal 2 Access to Justice Act (EAJA),

(d), and costs in the amount of 3 dollars ($0.00) under

. This amount represents compensation for 4 all legal services rendered on behalf of Plaintiff by counsel in connection with this 5 civil action, in accordance with

; 2412(d). 6 After the Court issues an order for EAJA fees to Neiffer, the government 7 will consider the matter of Neiffer's assignment of EAJA fees to Marc Kalagian. 8 The retainer agreement containing the assignment is attached as exhibit 1. 9 Pursuant to Astrue v. Ratliff,

(2010), the ability to honor the 10 assignment will depend on whether the fees are subject to any offset allowed under 11 the United States Department of the Treasury's Offset Program. After the order for 12 EAJA fees is entered, the government will determine whether they are subject to 13 any offset. 14 Fees shall be made payable to Neiffer, but if the Department of the Treasury 15 determines that Neiffer does not owe a federal debt, then the government shall 16 cause the payment of fees, expenses and costs to be made directly to Law Offices 17 of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by 18 Neiffer.1 Any payments made shall be delivered to Law Offices of Lawrence D.

19 Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made either 20 by electronic fund transfer (ETF) or by check. 21 This stipulation constitutes a compromise settlement of Neiffer's request for 22 EAJA attorney fees, and does not constitute an admission of liability on the part of 23 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 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 constitute a complete release from, and bar to, any and all claims that Neiffer 2 and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, 3 may have relating to EAJA attorney fees in connection with this action. 4 This award is without prejudice to the rights of Marc Kalagian and/or the 5 Law Offices of Lawrence D. Rohlfing, Inc., CPC, to seek Social Security Act 6 attorney fees under

(b), subject to the savings clause provisions of 7 the EAJA. 8 DATE: April 7, 2025 Respectfully submitted, 9 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 10 /s/ Marc V. Kalagian BY: __________________ 11 Marc V. Kalagian Attorney for plaintiff 12 JAMIE NEIFFER 13 DATE: April 7, 2025 SIGAL CHATTAH 14 Interim United States Attorney 15 16 /s/ Jeffrey E. Staples 17 JEFFREY E. STAPLES Special Assistant United States Attorney 18 Attorneys for Defendant LELAND DUDEK, Acting Commissioner of 19 Social Security (Per e-mail authorization) 20 ORDER 21 Approved and so 22 ordered: 23 DATE: 4-10-25 ___________________________________ THE HONORABLE MAXIMILIANO D. COUVILLIER 24 UNITED STATES MAGISTRATE JUDGE 25 26 1 DECLARATION OF MARC V. KALAGIAN 2 I, Marc V. Kalagian, declare as follows: 3 1. I am an attorney at law duly admitted to practice before this Court in this 4 case. I represent Jamie Neiffer in this action. I make this declaration of 5 my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with 7 Jamie Neiffer containing an assignment of the EAJA fees. 8 3. I attach as exhibit 2 a true and correct copy of the itemization of time in 9 this matter. 10 I declare under penalty of perjury that the foregoing is true and correct to the 11 best of my knowledge and belief. 12 Executed this April 7, 2025, at Santa Fe Springs, California. 13 14 /s/ Marc V. Kalagian 15 _________________________ Marc V. Kalagian 16 17 18 19 20 21 22 23 24 25 26 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 April 7, 2025, I served the foregoing document described as 7 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9

(d) AND COSTS PURSUANT TO

on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Ms. Jamie Neiffer 2220 Cougar Dr., Apt. 1080 13 Laughlin, NV 89029

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 2:24-CV-01894-MDC 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 April 7, 2025. 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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