Katherine McKellar v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 09-841V

Filed: January 24, 2014

Not for Publication

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KATHERINE MCKELLAR, * *

Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Lisa A. Roquemore, Irvine, CA, for petitioner.

Debra A. Filteau Begley, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

On January 21, 2014, 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 asserts that she personally incurred $1,000.00 in out-of-pocket expenses 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. Petitioner amends her request for reimbursement for her current counsel, Lisa A. Roquemore, to $60,000.00. Petitioner amends her request for reimbursement for her prior counsel, Ronald C. Homer, to $40,500.00. Respondent does not object to these amounts. The undersigned finds these amounts to be reasonable. Accordingly, the court awards: a. $1,000.00, representing reimbursement for petitioner’s out-of-pocket expenses. The award shall be in the form of a check made payable to petitioner in the amount of $1,000.00.

b. $60,000.00, representing reimbursement for attorneys’ fees and costs for petitioner’s current counsel, Lisa A. Roquemore. The award shall be in the form of a check made payable jointly to petitioner and the Law Office of Lisa A. Roquemore in the amount of $60,000.00.

c. $40,500.00, representing reimbursement for attorneys’ fees and costs for petitioner’s prior counsel, Ronald C. Homer. The award shall be in the form of a check made payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of $40,500.00.

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: January 24, 2014 s/ Laura D. Millman Laura D. Millman Special Master