Rupard v. Astrue

Filing 17

ORDER denying without prejudice 16 Motion for Attorney Fees. Signed by Magistrate Judge David C. Keesler on 6/28/18. (clc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:08-CV-363-FDW-DCK
BRENDA KAY RUPARD,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Application For Attorney’s
Fees Under The Equal Access To Justice Act” (Document No. 16) filed June 27, 2018. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate.

Having carefully considered the motion, the record, and

applicable authority, the undersigned will deny the motion.
Pursuant to Local Rule 7.1(b), counsel must show that they have conferred, and set forth
which issues remain unresolved. Plaintiff may file a renewed motion that indicates the parties
have consulted.
It appears that Plaintiff received a fully favorable decision on May 20, 2010, not August 2,
2010. (Document No. 30-1). If Plaintiff renews her request for fees, she should explain the eight
(8) year delay in making such a request.
IT IS, THEREFORE, ORDERED that Plaintiff’s “Application For Attorney’s Fees
Under The Equal Access To Justice Act” (Document No. 16) is DENIED, WITHOUT
PREJDUCE.
Signed: June 28, 2018