Strickland v. Colvin

Filing 32

ORDER GRANTING 29 Plaintiff's Motion for Attorney Fees. The plaintiff is awarded the sum of $4,550.00 in full satifaction of any and all claims arising under the EAJA. Signed by US District Judge Terrence W. Boyle on 11/25/2014. (Fisher, M.)

Download PDF
THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:13-cv-00357-BO MICHAEL ANTHONY STRICKLAND, Plaintiff, V. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CONSENT ORDER FOR PAYMENT OF FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT This matter 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 to an award to the Plaintiff of $4,550.00 for attorney fees in full and final settlement of all claims arising from the above captioned case pursuant to the Equal Access to Justice Act ("BAJA"), 28 U.S. C. § 2412(d); and it appearing further that Plaintiff has assigned his right to payment of such fees and costs to his attorney; and Pursuant to Comm 'r ofSoc. Sec. v. Ratliff, 560 U.S. 2521, 130 S. Ct. 2521, 177 L. Ed. 2d 91 (20 10), the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. Defendant will determine whether Plaintiff owes a debt to the United States. If so, the debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiffs counsel. If the United States Department of the Treasury reports to the Commissioner that Plaintiff does not owe a federal debt, the government will exercise its discretion and honor the assignment of EAJA fees, and pay the awarded fees to Plaintiffs counsel. and hereby is, awarded the sum of$ 4,550.00 in full satisfaction of any and all claims against Defendant arising under the EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sum, Defendant shall be discharged from any further liability for fees, costs, or expenses up until this point in time; and it is further ORDERED, that payment of such amounts shall be made directly to Plaintiffs attorney. CONSENTED TO: Is/ R. DAVID WICKER, JR. R. DAVID WICKER, JR. Roberti, Wittenberg, Lauffer, Wicker & Cinski, P.A. 100 E. Parrish St., Suite 200 P.O. Box 1852 Durham, NC 27702 Is/ Leo R. Montenegro LEO R. MONTENEGRO Special Assistant United States Attorney Room 655, Altmeyer Building 640 1 Security Boulevard Baltimore, Maryland 2123 5 Telephone: (410) 965-3153 New York Bar ' ' CERTIFICATE OF SERVICE I do hereby certify that I have this 21 '1 day of November, 2014, served a copy of the foregoing upon the below-listed parties electronically and/or by placing a copy of the same in the U.S. Mail, addressed as follows: R. David Wicker, Jr. Roberti, Wittenberg, Lauffer, Wicker & Cinski, P.A. 100 E. Parrish St., Suite 200 P.O. Box 1852 Durham, NC 27702 By: Is/ Leo R. Montenegro LEO R. MONTENEGRO Attorney for Defendant Special Assistant United States Attorney Social Security Administration Office of the General Counsel Room 655, Altmeyer Building 6401 Security Boulevard Baltimore, Maryland 21235 Telephone: (41 0) 965-3153 Facsimile: (410) 597-0527 E-mail: New York Bar

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?