Curry v. Berryhill

Filing 22

ORDER granting 21 Motion for Attorney Fees. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 11/20/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 4:17-CV-030-FL
CRAIG DELMAR CURRY,
PLAINTIFF,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
DEFENDANT.

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ORDER

This action being submitted to the Court for 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 appearing that the Parties
have agreed that Plaintiff, Craig Curry, is awarded attorney fees under the EAJA in the
amount of $3,750.00 and $400.00 in filing fees in full and final settlement of attorney
fees and costs arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. §
2412(d). In accordance with Plaintiff’s corresponding Consent Motion, full or partial
remittance of the awarded attorney fees will be contingent upon a determination by the
Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If
such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order
to the extent necessary to satisfy such debt(s).

It is therefore ORDERED that, pursuant to the above, the Commissioner pay the
sum of $3,750.00 and that the Treasury Judgment Fund pay Plaintiff’s counsel the sum of
$400.00 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. §
2412(d), and upon the payment of such sums this case is dismissed with prejudice.
17
20th
November
This _____ day of ______________, 20__.

_________________________________
United States District Judge
CONSENTED TO:
November 15, 2017

s/ Karl E. Osterhout
Karl E. Osterhout, Esq.
Pennsylvania State Bar No.: 49658
Osterhout Disability Law
521 Cedar Avenue, Suite 200
Oakmont, PA 15139
Telephone: [phone]
Fax: [phone]
Pro Hace Vice

November 15, 2017

s/ Paul B. Eaglin
Paul B. Eaglin, Esq.
NCSB Bar No. 7097
Attorney for Plaintiff
PO Box 6033
Syracuse, New York 13217
t. 877-374-4744
f: 877-499-6808
e: [e-mail]
Local Counsel

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November 15, 2017

s/ Leo R. Montenegro
Leo R. Montenegro, Esq.
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
6401 Security Boulevard
Altmeyer Building, Room 617
Baltimore, Maryland 21235-6401
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Defendant

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