Thomas Lia v. United States District Court for the District of Nevada

District Court, D. Nevada

Thomas Lia v. United States District Court for the District of Nevada

Trial Court 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: [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 Thomas Lia 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 THOMAS LIA, ) Case No.: 3:25-cv-00163-CLB ) 16 Plaintiff, ) ORDER GRANTING ) STIPULATION FOR THE AWARD 17 vs. ) AND PAYMENT OF ATTORNEY ) FEES AND EXPENSES 18 FRANK BISIGNANO, ) PURSUANT TO THE EQUAL Commissioner of Social Security, ) ACCESS TO JUSTICE ACT, 28 19 ) U.S.C. § 2412(d) AND COSTS Defendant. ) PURSUANT TO

28 U.S.C. § 1920

20 ) ) 21 22 TO THE HONORABLE CARLA BALDWIN, MAGISTRATE JUDGE OF 23 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 Thomas Lia (“Lia”) 26 be awarded attorney fees in the amount of SEVEN THOUSAND FIVE 1 HUNDRED dollars ($7,500.00) under the Equal Access to Justice Act (EAJA), 28

2 U.S.C. § 2412

(d), and costs in the amount of FOUR HUNDRED AND FIVE 3 dollars ($405.00) under

28 U.S.C. § 1920

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

28 U.S.C. §§ 1920

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

130 S.Ct. 2521, 2529

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

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

42 U.S.C. § 406

(b), subject to the savings clause provisions of 6 || the EAJA. 7 || DATE: October 22, 2025 Respectfully submitted, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /s/ MareV. Kalagiau BY: 10 Marc V. Kalagian Attorney for plaintiff 1] THOMAS LIA 12 1 DATED: October 22, 2025 SIGAL CHATTAH 3 United States Attorney 14

16 DAVID PRIDDY Special Assistant United States Attorney 17 Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social 18 Security (Per e-mail authorization) 19 ORDER 20 Approved and so ordered: 21 |}DATE: October 23, 2025 * 22 THE HONORA CARLA BALDWIN 23 UNITED $TATE$ NEVADA JUDGE 24 25 26

Reference

Status
Unknown