Opinions and documents
Troy D. Monge, Esq.
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Law Offices of Troy D. Monge, APC
2 2300 E. Katella Ave, Suite 325
3 ANAHEIM, CALIFORNIA 92806
TELEPHONE (714) 385-8100
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FACSIMILE (714) 385-8123
5 troymonge@hotmail.com
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Attorney Bar #217035
7 Attorneys for Kevin Downs
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UNITED STATES DISTRICT COURT
10 EASTERN DISTRICT OF CALIFORNIA
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KEVIN DOWNS, ) No. 2:24-cv-0772-DB
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13 Plaintiff, ) JOINT STIPULATION FOR THE
) AWARD AND PAYMENT OF
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v. ) ATTORNEY FEES PURSUANT TO
15 ) THE EQUAL ACCESS TO
MARTIN O’MALLEY, ) JUSTICE ACT, 28 U.S.C. § 2412(d),
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Commissioner of Social Security, ) AND COSTS PURSUANT TO 28
17 ) U.S.C. § 1920; AND ORDER
Defendant. )
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)
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21 IT IS HEREBY STIPULATED by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Plaintiff be
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awarded attorney fees and expenses under the Equal Access To Justice Act
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(EAJA), 28 U.S.C. § 2412(d), in the amount of EIGHT HUNDRED
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TWENTY-SEVEN DOLLARS and FORTY-THREE CENTS ($827.43) and
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costs under 28 U.S.C. § 1920, in the amount of FOUR HUNDRED FIVE
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DOLLARS AND NO CENTS ($405.00). This amount represents
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1 compensation for all legal services rendered on behalf of Plaintiff by counsel
2 in connection with this civil action, in accordance with 28 U.S.C § 2412(d)
3 and § 1920.
4 After the Court issues an order for EAJA fees to Plaintiff, the government
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will consider the matter of Plaintiff’s assignment of EAJA fees to the Law Offices
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of Troy D. Monge. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the
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ability to honor the assignment will depend on whether the fees are subject to any
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offset allowed under the United States Department of the Treasury’s Offset
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Program. After the order for EAJA fees is entered, the government will determine
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whether they are subject to offset.
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Fees shall be made payable to Plaintiff, but if the Department of the
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Treasury determines that Plaintiff does not owe a federal debt, then the
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government shall cause the payment of fees, expenses and costs to be made
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directly to the Law Offices of Troy D. Monge, pursuant to the assignment
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executed by Plaintiff. Any payments made shall be delivered to Attorney Troy
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Monge at the Law Office of Troy D. Monge.
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This stipulation constitutes a compromise settlement of Plaintiff’s request
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19 for EAJA attorney fees, and does not constitute an admission of liability on the
20 part of Defendant under the EAJA or otherwise. Payment of the agreed amount
21 shall constitute a complete release from, and bar to, any and all claims that
22 Plaintiff and/or Plaintiff’s counsel, including Law Offices of Troy D. Monge,
23 may have relating to EAJA attorney fees in connection with this action.
24 This award is without prejudice to the rights of Plaintiff and/or Counsel to
25 seek Social Security Act attorney fees under 42 U.S.C. section 406(b), subject to
26 the savings clause provisions of the EAJA.
27 I have spoken with Plaintiff, and he has assured me that his net worth is less
28 than two million dollars. (28 U.S.C. §2412(d)(2)(B)(i)).
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2 Counsel for plaintiff accepts any payment of costs to be made either by
3 electronic fund transfer (EFT) or by check.
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5 Respectfully submitted,
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Dated: May 30, 2024 /s/troymonge
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TROY MONGE
8 Attorney for Plaintiff
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Dated: May 30, 2024
11 PHILLIP A. TALBERT
United States Attorney
12 MATHEWW. PILE
Associate General Counsel
13 Office of Program Litigation, Office 7
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/s/justinlmartin
15 JUSTIN L. MARTIN1
Special Assistant United States Attorney
16 * by email authorization on May 29, 2024
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1 Pursuant to Local Rule 5-4.3.4(a)(i), the filer attests that all other signatories
28 listed, and whose behalf the filing is submitted, concur in the filing’s contents and
have authorized the filing.
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ORDER
2 Based upon the parties’ Stipulation for the Award and Payment of Equal
3 Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and
4 expenses in the amount of $827.43, as authorized by 28 U.S.C. § 2412, and
5 $405.00 in costs under 28 U.S.C. § 1920, be awarded subject to the terms of the
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Stipulation.
7 DATED: June 4, 2024 /s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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