Cristiann P. Romero v. United States District Court, District of Nevada

District Court, D. Nevada

Cristiann P. Romero v. United States District Court, 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 Cristiann P. Romero 11

12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 CRISTIANN P. ROMERO, ) Case No.: 2:25-cv-01521-BNW ) 16 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 17 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 18 FRANK BISIGNANO, ) 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; DECLARATION OF MARC V. 20 ) KALAGIAN ) 21 22 TO THE HONORABLE BRENDA WEKSLER, MAGISTRATE JUDGE 23 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 Cristiann P. Romero 26 (“Romero”) be awarded attorney fees in the amount of THIRTEEN HUNDRED 1 dollars ($1,300.00) under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2

2412(d), and no costs under

28 U.S.C. § 1920

. This amount represents 3 compensation for all legal services rendered on behalf of Plaintiff by counsel in 4 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 Romero, the government 6 will consider the matter of Romero's assignment of EAJA fees to Marc Kalagian. 7 The retainer agreement containing the assignment is attached as exhibit 1. 8 Pursuant to Astrue v. Ratliff,

130 S.Ct. 2521, 2529

(2010), the ability to honor the 9 assignment will depend on whether the fees are subject to any offset allowed under 10 the United States Department of the Treasury's Offset Program. After the order for 11 EAJA fees is entered, the government will determine whether they are subject to 12 any offset. 13 Fees shall be made payable to Romero, but if the Department of the 14 Treasury determines that Romero does not owe a federal debt, then the government 15 shall cause the payment of fees, expenses and costs to be made directly to Law 16 Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed 17 by Romero.1 Any payments made shall be delivered to Law Offices of Lawrence 18 D. Rohlfing, Inc., CPC. Counsel agrees that any payment of costs may be made

19 either by electronic fund transfer (ETF) or by check. 20 This stipulation constitutes a compromise settlement of Romero's request 21 for EAJA attorney fees, and does not constitute an admission of liability on the part 22 of 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 Romero 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 || and/or Marc Kalagian including Law Offices of Lawrence D. Rohlfing, Inc., CPC, 2 || may 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: December 19, 2025 Respectfully submitted, 8 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 9 /s/ MareV. Kalagiau BY: 10 Marc V. Kalagian Attorney for plaintiff CRISTIANN P. ROMERO 12 1 DATE: December 19, 2025 SIGAL CHATTAH 3 Acting United States Attorney 14 15 /s/ pbagela Thoratou-Mklard 16 ANGELA THORNTON-MILLARD 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: December 22, 2025 _~ CH aa A 23 Take HONORABLE BRENDA WEKSLER . UNITED STATES MAGISTRATE JUDGE 24 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 Cristiann P. Romero in this action. I make this 5 declaration of my own knowledge and belief. 6 2. I attach as exhibit 1 a true and correct copy of the retainer agreement with 7 Cristiann P. Romero 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 December 19, 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 December 19, 2025, I served the foregoing document 7 described as STIPULATION FOR THE AWARD AND PAYMENT OF 8 ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS 9 TO JUSTICE ACT,

28 U.S.C. § 2412

(d) AND COSTS PURSUANT TO 28 U.S.C. 10 § 1920 on the interested parties in this action by placing a true copy thereof 11 enclosed in a sealed envelope addressed as follows: 12 Cristiann P. Romero 3055 S. Nellis Blvd, Apt. 1077 13 Las Vegas, NV 89121

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 SOCIAL SECURITY REPRESENTATION AGREEMENT This agreement was made on July 21, 2025, by and between the Law Offices of Lawrence D. Rohlfing, Inc., CPC referred to as attorney and Cristiann P. Romero, 8.5.N. -7165, herein referred to as Claimant. 1. Claimant employs and appoints Law Offices of Lawrence D. Rohlfing, Inc., CPC to represent Claimant as Cristiann P. Romero’s Attorneys at law in a Social Security claim regarding a claim for disability benefits and empowers Attorney to take such action as may be advisable in the judgment of Attorney, including the taking of judicial review. 2. In consideration of the services to be performed by the Attorney and it being the desire of the Claimant to compensate Attorney out of the proceeds shall receive 25% of the past due benefits awarded by the Social Security Administration to the claimant and auxiliaries or such amount as the Commissioner may designate under

42 U.S.C. § 406

(a)(2)(A) which is $9,200 whichever is smaller, upon successful completion of the case at or before a first hearing decision from an ALJ. If the Claimant and the Attorney are unsuccessful in obtaining a recovery, Attorney will receive no fee. This matter is subject expedited fee approval except as stated in 43. 3. The provisions of J 2 only apply to dispositions at or before a first hearing decision from an ALJ. The fee for successful prosecution of this matter is 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the Social Security Administration. Attorney shall petition for authorization to charge this fee in compliance with the Social Security Act for all time whether exclusively or not committed to such representation. 4. Ifthis matter requires judicial review of any adverse decision of the Social Security Administration, the fee for successful prosecution of this matter is a separate 25% of the past due benefits awarded upon reversal of any unfavorable ALJ decision for work before the court. Attorney shall seek compensation under the Equal Access to Justice Act and such amount shall credit to the client for fees otherwise payable for that particular work. Client shall endorse such documents as are needed to pay Attorney any amounts under the EAJA and assigns such fee awards to Attorney. 5. Claimant shall pay all costs, including, but not limited to costs for medical reports, filing fees, and consultations and examinations by experts, in connection with the cause of action. 6. Attorney shall be entitled to a reasonable fee; notwithstanding the Claimant may discharge or obtain the substitution of attorneys before Attorney has completed the services for which he is hereby employed. 7. Attorney has made no warranties as to the successful termination of the cause of action, and all expressions made by Attorney relative thereto are matters of Attorney's opinion only. 8. This Agreement comprises the entire contract between Attorney and Claimant. The laws of the State of California shall govern the construction and interpretation of this Agreement except that federal law governs the approval of fees by the Commissioner or a federal court. Business and Professions Code § 6147(a)(4) states “that the fee is not set by law but is negotiable between attorney and client.” 9. Attorney agrees to perform all the services herein mentioned for the compensation provided above. 10. Client authorizes attorney to pay out of attorney fees and without cost to client any and all referral or association fees to Disability Help Center of Nevada not to exceed 25% of fees and without adding to any fees owed by Claimant. 11. The receipt from Claimant of __none __ is hereby acknowledged by attorney to be placed in trust and used for costs. It is so agreed.

Cristiann P. Romero Law Offices of Lawrence D. Rohlfing, Inc., CPC Signature Marc V. Kalagian

Cristiann Romero

Social Security case Responsible Attorney: Marc V. Kalagian at $251.84 Paralegal: Enedina Perez (EP); Eva Rodriguez (EG) at $179.00 Clerical: Enedina Perez (EP) DATE: TIME: ATTY: DESCRIPTION: 27-Aug-25 0.3 EP status letter to client 24-Nov-25 0.4 EG letter to client re remand scope and process 19-Feb-25 0.3 EP letter to AC re effectuation of judgment Subtotals 1 $179.00 15-Aug-25 0.3 EP preparation of certificate of interested parties, civil cover sheet and IFP 15-Aug-25 0.4 EP filing of complaint Subtotals 0.7 62.65 21-Jul-25 MVK review of file and ALJ denial for District Court case; letter to client re: same 1.5 15-Aug-25 0.4 MVK draft complaint; memo to EP re filing 27-Aug-25 0.1 MVK review order granting IFP 14-Nov-25 MVK receipt of email from ARC re remand; t/c with client re remand; preparation 0.7 of confirmation letter; email response to ARC 24-Nov-25 0.1 MVK review of order and judment of remand 17-Dec-25 0.3 MVK letter to client re EAJA 17-Dec-25 0.7 MVK preparation of letter to regional counsel 0.5 MVK preparation of stipulation for EAJA Subtotals 4.3 $1,082.91 TOTAL TIME 6 TOTAL EAJA $1,324.56

Reference

Status
Unknown