United States District Court, D. Nevada
VICTOR P. MONTOYA, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
OFFICES OF ROHLFING & KALAGIAN, LLP Marc V. Kalagian
Attorney for plaintiff Victor P. Montoya
G. BOGDEN United States Attorney
RICHARD RODRIGUEZ Special Assistant United States Attorney
Attorneys for Defendant Carolyn W. Colvin, Acting
Commissioner of Social Security (Per e-mail authorization)
STIPULATION AND PROPOSED ORDER FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)
RICHARD F. BOULWARE II JUDGE.
HONORABLE NANCY J. KOPPE, MAGISTRATE JUDGE OF THE DISTRICT
HEREBY STIPULATED, by and between the parties through their
undersigned counsel, subject to the approval of the Court,
that Victor P. Montoya be awarded attorney fees in the amount
of Three Thousand Two Hundred dollars ($3, 200.00) 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. §§
the Court issues an order for EAJA fees to Victor P. Montoya,
the government will consider the matter of Victor P.
Montoya's assignment of EAJA fees to Marc V. Kalagian.
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. After the order for EAJA fees
is entered, the government will determine whether they are
subject to any offset.
shall be made payable to Victor P. Montoya, but if the
Department of the Treasury determines that Victor P. Montoya
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 Rohlfing & Kalagian, LLP, pursuant to
the assignment executed by Victor P. Montoya. Any payments made
shall be delivered to Marc V. Kalagian.
stipulation constitutes a compromise settlement of Victor P.
Montoya'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 Victor P. Montoya and/or Marc V. Kalagian
including Law Offices of Rohlfing & Kalagian, LLP may
have relating to EAJA attorney fees in connection with this
award is without prejudice to the rights of Marc V. Kalagian
and/or the Law Offices of Rohlfing & Kalagian, LLP to
seek Social Security Act attorney fees under 42 U.S.C. §
406(b), subject to the savings clause provisions of the EAJA.
and so ordered: