Estes v. Colvin

Filing 18

ORDER denying without prejudice 17 Motion for Attorney Fees. Signed by Magistrate Judge Dennis Howell on 6/8/2018. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16CV232
DENNIS WAYNE ESTES,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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ORDER

This matter is before the Court on Plaintiff’s Motion for Attorney’s Fee Pursuant to
28 U.S.C. § 2412(d) (# 17). Plaintiff’s motion must be denied because his counsel failed
to demonstrate that he conferred with opposing counsel. See LCvR 7.1(b) (“Civil motions
must show that counsel have conferred and attempted in good faith to resolve areas of
disagreement, or describe the timely attempts of the movant to confer with opposing
counsel.”). Consequently, Plaintiff’s Motion for Attorney’s Fee Pursuant to 28 U.S.C.
§ 2412(d) (# 17) is DENIED without prejudice to renew. See id. (“A motion that fails to
show that the parties have properly conferred or attempted to confer may be summarily
denied.”).
Signed: June 8, 2018