Wilson-Klein v. Astrue

Filing 20

ORDER denying without prejudice 17 Motion for Attorney Fees. Signed by Magistrate Judge David Keesler on 5/4/2012. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-273-MOC-DCK
WILOLA WILSON-KLEIN,

)
)
Plaintiff,
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v.
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)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
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Defendant.
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____________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Petition For Attorney’s Fees
And Costs” (Document No. 17) filed May 2, 2012. 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.
It appears to the Court that Plaintiff has failed to meet the requirement of consultation
pursuant to the Local Rules. Although Plaintiff’s motion states that “[p]ursuant to Local Rule
7.1(B), Plaintiff’s counsel has provided Defendant’s counsel with a draft copy of this Petition and
supporting memorandum and affidavit,” the undersigned does not find that providing draft copies
of a petition or motion satisfies the requirements of the Rule. Instead, Plaintiff’s counsel is expected
to confer with opposing counsel in an attempt to resolve any areas of disagreement, and to inform
the Court what, if any, issues remain unresolved. See Local Rule 7.1 (B).
IT IS, THEREFORE, ORDERED that Plaintiff’s “Petition For Attorney’s Fees And Costs”
(Document No. 17) is DENIED WITHOUT PREJUDICE. Plaintiff may re-file her motion in a
manner consistent with the Local Rules that informs the Court whether Defendant consents to the

motion, and if not, what issues the parties have been unable to agree on.
SO ORDERED.
Signed: May 4, 2012

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