United States District Court, D. Nevada
TRACY A. HORSTKOTTER, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
V. Kalagian Attorney at Law: 4460 Law Offices of Rohlfing
& Kalagian, LLP Leonard Stone Attorney at Law: 5791 Shook
& Stone, Chtd. Attorneys for Plaintiff Tracy A.
G. BOGDEN United States Attorney BLAINE T. WELSH Chief, Civil
Division CHANTAL R. JENKINS Special Assistant United States
Attorney Attorneys for Defendant Carolyn W. Colvin, Acting
Commissioner of Social Security (Per e-mail authorization)
STIPULATION AND ORDER AWARDING ATTORNEY FEES AND
EXPENSES ECF NO. 22
JENNIFER DORSEY, UNITED STATES DISTRICT JUDGE
HONORABLE JENNIFER A. DORSEY, DISTRICT JUDGE OF THE UNITED
STATES DISTRICT COURT:
HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court,
that Tracy A. Horstkotter be awarded attorney fees in the
amount of four thousand five hundred dollars ($4, 500.00)
under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d). 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).
the Court issues an order for EAJA fees to Tracy A.
Horstkotter, the government will consider the matter of Tracy
A. Horstkotter's assignment of EAJA feeS. 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.
shall be made payable to Tracy A. Horstkotter, but if the
Department of the Treasury determines that Tracy A.
Horstkotter does not owe a federal debt, then the government
shall cause the payment of fees, expenses and costs to be
made directly to Marc V. Kalagian, pursuant to the assignment
executed by Tracy A. Horstkotter. Any payments made shall be
delivered to Rohlfing & Kalagian.
stipulation constitutes a compromise settlement of Tracy A.
Horstkotter'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 Tracy A. Horstkotter and/or Young
Cho, Marc V. Kalagian including Rohlfing & Kalagian may
have relating to EAJA attorney fees in connection with this
award is without prejudice to the rights of Young Cho, Marc
V. Kalagian and/or Rohlfing & Kalagian to seek Social
Security Act attorney fees under 42 U.S.C. § 406(b),
subject to the savings clause provisions of the EAJA.
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