Byrd v. Astrue

Filing 17

ORDER re 15 MOTION to Alter Judgment (EAJA) Pursuant to Federal Rule of Civil Procedure 59(e). Signed by Magistrate Judge David Keesler on 5/18/2012. (eef)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:11-CV-501-MOC-DCK DARRYL BYRD, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________) ORDER THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion To Alter Or Amend Judgment Pursuant To Federal Rule Of Civil Procedure 59(e)” (Document No. 15) filed May 11, 2012. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. The undersigned observes that the pending motion does not show that the “Requirement Of Consultation” has been met pursuant to Local Rule 7.1(B). IT IS, THEREFORE, ORDERED that Defendant shall file a Notice with the Court, on or before May 25, 2012, informing the Court of Plaintiff’s position on the pending “Defendant’s Motion To Alter Or Amend Judgment Pursuant To Federal Rule Of Civil Procedure 59(e)” (Document No. 15), consistent with Local Rule 7.1(B). SO ORDERED. Signed: May 18, 2012

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