Turnage v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 04-1225V Filed: July 24, 2014 Not for Publication

************************************* TERRI TURNAGE, Natural Parent of a * Minor Child, M.A.T., * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Peter H. Meyers, Washington, DC, for petitioner.

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

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On July 23, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case.

Petitioner filed her application for attorneys’ fees and costs on June 24, 2014. In accordance with the General Order #9 requirement, petitioner asserts that she incurred $150.00 in out-of-pocket costs in this case. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $94,850.00, in addition to petitioner’s $150.00 in costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $94,850.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Peter H. Meyers, Esq. in the amount of $94,850.00.

b. $150.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check made payable to petitioner in the amount of $150.00.

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