Carol Orsinger v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-686V Filed: May 17, 2013 Not for Publication

************************************* CAROL ORSINGER, *

* Petitioner, * Attorneys’ Fees & Costs Decision v. * Based on Stipulation

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* ************************************* Charles W. Marsar, Harrisburg, PA, for petitioner.

Lynn E. Ricciardella, Washington, DC, for respondent. MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On May 17, 2013, the parties filed a stipulation 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’s counsel asserts that petitioner did not incur any costs in pursuit of her petition.

Petitioner informally provided respondent with a draft final Application for Attorneys’ Fees and Costs. During informal discussions, respondent raised objections to certain items. Based on these objections, petitioner now amends her request for attorneys’ fees and costs and requests $17,170.58 in attorneys’ fees and costs. Respondent does not object to the reduced amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $17,170.58, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and R.J. Marzella & Associates in the amount of $17,170.58.

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: May 17, 2013 /s/ Laura D. Millman by /s/ Nora Beth Dorsey

Laura D. Millman Special Master