Norvell v. Colvin

Filing 16

ORDER granting 15 Motion for Attorney's Fees And Costs Under Equal Access To Justice Act. The Commissioner pay the sum of $5,533.39 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. Signed by Magistrate Judge David Keesler on 11/13/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-869-GCM-DCK
NEAL NORVELL,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Administration,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Consent Motion For
Attorney’s Fees And Costs Under Equal Access To Justice Act” (Document No. 15) filed
November 9, 2017. 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 and the record, and noting consent of Defendant’s counsel, the undersigned will grant the
motion.
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, Neal Norvell,
is awarded attorney fees and costs under the EAJA in the amount of $5,533.39 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 “Plaintiff’s Consent Motion For Attorney’s Fees
And Costs Under Equal Access To Justice Act” (Document No. 15) is GRANTED, and the
Commissioner pay the sum of $5,533.39 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.
Signed: November 13, 2017

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