Tomlin v. Colvin

Filing 39

ORDER granting 37 Consent Motion for Attorney Fees - Signed by Chief Judge James C. Dever III on 10/28/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-cv-276-D
VIOLA TOMLIN,
Plaintiff,
v.

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CAROLYN COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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CONSENT 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 her attorney, has executed this Consent
Order and Defendant has executed this Consent Order, by and through the undersigned Assistant
United States Attorney; and it appearing that the parties have agreed that the Commissioner of
Social Security should pay the sum of $4,208.75 for attorney fees, in full and final settlement of
all claims due against the Social Security Administration, for attorney fees and costs arising
under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d).

It is therefore ORDERED that the Commissioner of Social Security pay to Plaintiffs
attorney $4,208.75 for attorney fees if there is no debt that qualifies under the Treasury Offset
Program (31 U.S.C. § 3716). If there is such a debt, any fee remaining after offset will be
payable to Plaintiff and delivered to Plaintiffs attorney.

SO ORDERED. This l.8 day of October 2014.

Chief United States District Judge

CONSENTED TO:
/s/CHARLOTTE W. HALL
Attorney for Plaintiff
N.C. Bar # 41290
Charles T. Hall Law Firm, P.C.
P.O. Box 10629
Raleigh, NC 27605
Telephone: [phone]
Fax: [phone]
[e-mail]

/s/LEO R. MONTENEGRO
Attorney for Defendant
Special Assistant United States Attorney
Room 655, Altmeyer Building
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Fax: [phone]
[e-mail]
New York Bar