Dudley v. Colvin

Filing 24

ORDER granting 23 Consent Motion for Attorney Fees in the amount of $6300.00. Signed by Magistrate Judge Kimberly A. Swank on 8/25/2017. (Foell, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
JIMMY EARL DUDLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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CIVIL ACTION NO. 7:16-cv-403-KS
CONSENT ORDER
Electronic Filing

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, Jimmy Earl Dudley, is awarded attorney fees under the EAJA
in the amount of Six Thousand Three Hundred Dollars and 00/100 ($6,300.00) 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 Six Thousand Three Hundred Dollars and 00/100 ($6,300.00) 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.
25th
August
17
This _____ day of ______________, 20__..

_________________________________
United States Magistrate Judge
CONSENTED TO:
Date: 8/22/17

/s/ Karl E. Osterhout
Karl E. Osterhout, Esquire
Osterhout Berger Disability Law, LLC
521 Cedar Way, Suite 200
Oakmont, PA 15139
PH: 412-794-8003 (ext 401)
FX: 412-794-8050
[e-mail]
Attorney for Plaintiff

Date: 8/22/17

/s/ David M. Mansfield*
David M. Mansfield
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
6401 Security Boulevard
Altmeyer Building, Room 617
Baltimore, MD 21235-6401
Ph: [phone]
Fx: 410-597-0137
[e-mail]
Attorney for Defendant
*Permission to use electronic signature was obtained
via email dated 8/22/17.
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