Wynonia Jansky v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-494V Filed: November 18, 2013 Not for Publication

************************************* WYNONIA JANSKY, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Gil L. Daley, II, Fort Worth, TX, for petitioner.

Gordon E. Shemin, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On November 18, 2013, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case.

In accordance with the General Order #9 requirement, petitioner filed a statement asserting that she did not incur any costs in pursuit of her petition.

Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application.

Based on these objections, petitioner amends her application for attorneys’ fees and costs to $38,719.02. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $38,719.02, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and The Law Office of Gil L. Daley, II, P.C. in the amount of $38,719.02.

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: November 18, 2013 s/ Laura D. Millman Laura D. Millman Special Master