Donald Presgrave v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-269V Filed: August 9, 2013 Not for publication

************************************* DONALD PRESGRAVE, * * Petitioner, * * Attorneys’ fees and costs decision; v. * an amount to which respondent does * not object SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On August 7, 2013, petitioner filed an application for attorneys’ fees and costs.

Petitioner requests $42,499.30 in attorneys’ fees and costs, consisting of $23,870.15 in attorneys’ fees, $18,224.15 in attorneys’ costs, and $405.00 in petitioner’s costs.

On August 8, 2013, respondent’s counsel informed the undersigned’s law clerk that respondent does not object to petitioner’s request for attorneys’ fees and costs. The undersigned finds petitioner’s request to be reasonable. Accordingly, the court awards: a. $42,094.30, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of $42,094.30; and b. $405.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: August 9, 2013 /s/ Laura D. Millman Laura D. Millman Special Master