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Montoya v. Colvin

United States District Court, D. Nevada

January 13, 2017

VICTOR P. MONTOYA, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          LAW OFFICES OF ROHLFING & KALAGIAN, LLP Marc V. Kalagian Attorney for plaintiff Victor P. Montoya

          DANIEL 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.

         TO THE HONORABLE NANCY J. KOPPE, MAGISTRATE JUDGE OF THE DISTRICT COURT:

         IT IS 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. §§ 1920; 2412(d).

         After 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.

         Fees 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.[1] Any payments made shall be delivered to Marc V. Kalagian.

         This 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 action.

         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.

         ORDER

         Approved and so ordered:

         PROOF ...


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