Kimberlee Spognardi v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-810V Filed: December 20, 2013 Not for Publication

************************************* KIMBERLEE SPOGNARDI, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner.

Glenn A. MacLeod, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 20, 2013, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case.

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 $19,750.00. In accordance with the General Order #9 requirement, petitioner asserts that she incurred $250.00 in out-of-pocket costs in pursuit of her petition. Thus, the total amount of fees and costs are $20,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $19,750.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C., in the amount of $19,750.00; and, b. $250.00, representing reimbursement for petitioner’s out-of-pocket costs. The award shall be in the form of a check payable to petitioner in the amount of $250.00.

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: December 20, 2013 s/ Laura D. Millman Laura D. Millman Special Master