Fox v. Colvin

Filing 34

ORDER granting 32 Motion for Attorney Fees. Signed by Chief Judge James C. Dever III on 3/6/2014. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

JAMES C. FOX, JR.,
Plaintiff,
vs.
CAROLYN COLVIN
Acting Commissioner of Social Security,
Defendant.

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CONSENT ORDER FOR PAYMENT OF
FEES AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

This matter being submitted to the Comi fot· entry of a Consent Order agreed to by the
parties, and it appearing that Plaintiff, by and through his attorney, has executed this Consent
Order, and Defendant has executed this Consent Order, by and through the undersigned Special
Assistant United States Attorney; and it appealing that the parties have agreed to an award to the
Plaintiff of $6,500 for attorney fees in full and final settlement of all claims arising fi·om the
above captioned case pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d);
and it appearing further that the Plaintiff has assigned his right to payment of such fees and costs
to his attorney:
It is therefore ORDERED. this the ......l/p _ day of~ NOJ\ ch.~-------· 2014, that
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the Plaintiff shall be, and hereby is, awarded the sum of $6,500 for attorney fees in full
satisfaction of any and all claims against the Defendant arising from the above captioned case
under the BAJA, 28 U.S.C. § 2412(d), and upon the payment of such sum, the Defendant shall be
discharged fmm any further liability for fees, costs or expenses up until this point in time; and it
is further
ORDERED, that in accordance with Plaintifrs assignment of BAJA fees, if there is no
debt that qualifies under the Treasury Offset Program, the award will be made payable to Janet

M. Lyles, Davis, MutTelle, & Lyles, P.A., 912 Arendell Street, PO Box 3605, Morehead City,
NC, 28557. If there is such a debt, any amount remaining after offset will be made payable to
Plaintiff and sent to Plaintifrs counsel at the address set forth above.

JAM S C. DEVER III
Chie United States District Judge

CONSENTED TO:
/s/ Janet M. Lyles
Attorney for Plaintiff
Davis, MulTelle, & Lyles, P.A.
912 Arendell Street
PO Box 3605
Morehead City, NC 28557
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

N.C. State Bar No. 12476

Is/ Christian M. Vainieri
Attorney for Defendant
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel\
Room 617, Altmeyer Building
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
Fax: [phone]
E-mail: Christian.vainieriCW.ssa.gov
New York Bar

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