(SS) Downs v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 06/04/2024 AWARDING fees and expenses in the amount of $827.43; and $405.00 in costs. (Lopez, K)

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Troy D. Monge, Esq.
Law Offices of Troy D. Monge, APC
2300 E. Katella Ave, Suite 325
ANAHEIM, CALIFORNIA 92806
TELEPHONE [phone]
FACSIMILE [phone]
[e-mail]
Attorney Bar #217035
Attorneys for Kevin Downs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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KEVIN DOWNS,

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Plaintiff,

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v.

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MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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No. 2:24-cv-0772-DB
JOINT STIPULATION FOR THE
AWARD AND PAYMENT OF
ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d),
AND COSTS PURSUANT TO 28
U.S.C. § 1920; AND ORDER

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IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be
awarded attorney fees and expenses under the Equal Access To Justice Act
(EAJA), 28 U.S.C. § 2412(d), in the amount of EIGHT HUNDRED
TWENTY-SEVEN DOLLARS and FORTY-THREE CENTS ($827.43) and
costs under 28 U.S.C. § 1920, in the amount of FOUR HUNDRED FIVE
DOLLARS AND NO CENTS ($405.00). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel

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in connection with this civil action, in accordance with 28 U.S.C § 2412(d)

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and § 1920.

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After the Court issues an order for EAJA fees to Plaintiff, the government
will consider the matter of Plaintiff’s assignment of EAJA fees to the Law Offices
of Troy D. Monge. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (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 offset.
Fees shall be made payable to Plaintiff, but if the Department of the
Treasury determines that Plaintiff does not owe a federal debt, then the
government shall cause the payment of fees, expenses and costs to be made
directly to the Law Offices of Troy D. Monge, pursuant to the assignment
executed by Plaintiff. Any payments made shall be delivered to Attorney Troy
Monge at the Law Office of Troy D. Monge.
This stipulation constitutes a compromise settlement of Plaintiff’s request

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for EAJA attorney fees, and does not constitute an admission of liability on the

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part of Defendant under the EAJA or otherwise. Payment of the agreed amount

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shall constitute a complete release from, and bar to, any and all claims that

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Plaintiff and/or Plaintiff’s counsel, including Law Offices of Troy D. Monge,

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may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of Plaintiff and/or Counsel to

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seek Social Security Act attorney fees under 42 U.S.C. section 406(b), subject to

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the savings clause provisions of the EAJA.

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I have spoken with Plaintiff, and he has assured me that his net worth is less
than two million dollars. (28 U.S.C. §2412(d)(2)(B)(i)).

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Counsel for plaintiff accepts any payment of costs to be made either by
electronic fund transfer (EFT) or by check.

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Respectfully submitted,

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Dated: May 30, 2024

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/s/troymonge
TROY MONGE
Attorney for Plaintiff

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Dated: May 30, 2024

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PHILLIP A. TALBERT
United States Attorney
MATHEWW. PILE
Associate General Counsel
Office of Program Litigation, Office 7
/s/justinlmartin
JUSTIN L. MARTIN 1
Special Assistant United States Attorney
* by email authorization on May 29, 2024

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Pursuant to Local Rule 5-4.3.4(a)(i), the filer attests that all other signatories
listed, and whose behalf the filing is submitted, concur in the filing’s contents and
have authorized the filing.
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ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal

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Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and

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expenses in the amount of $827.43, as authorized by 28 U.S.C. § 2412, and

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$405.00 in costs under 28 U.S.C. § 1920, be awarded subject to the terms of the

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Stipulation.
DATED: June 4, 2024

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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