Rose v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-215V

Filed: October 3, 2014

Not for Publication

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MELODIE ROSE, on Behalf of Her Minor *

Child, A.R., * *

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

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Andrew D. Downing, Phoenix, AZ, for petitioner.

Darryl R. Wishard, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING INTERIM ATTORNEYS’ FEES AND COSTS1 On October 3, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for interim attorneys’ fees and costs in this case.

On October 2, 2014, petitioner filed an Interim Application for Fees and Costs, requesting $12,714.72 in interim attorneys’ fees and costs. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that petitioner has not incurred any costs to this point.

During informal discussions, respondent raised objections to certain items in petitioner’s application, including the interim fees motion based on Avera v. Sec’y of HHS, 515 F.3d 1343 (Fed. Cir. 2008), the reasonable basis for continuing the petition, and the attorney hourly rates sought. Based on these objections, petitioner amends her application for interim attorneys’ fees and costs to $12,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. The undersigned’s law clerk contacted respondent’s counsel, who confirmed that respondent does not object to an interim award of fees and costs.

Accordingly, the court awards: a. $4,970.70, representing reimbursement for interim attorneys’ fees and costs. The award shall be in the form of a check payable jointly to Melodie Rose, Andrew Downing, and Rhodes Hieronymus, Jones, Tucker & Gable in the amount of $4,970.70; b. $4,443.24, representing reimbursement for interim attorneys’ fees and costs. The award shall be in the form of a check payable jointly to Melodie Rose, Andrew Downing, and Hennelly & Steadman in the amount of $4,443.24; and c. $2,586.06, representing reimbursement for interim attorneys’ fees and costs. The award shall be in the form of a check payable jointly to Melodie Rose, Andrew Downing, and Van Cott & Talamante in the amount of $2,586.06.

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: October 3, 2014 s/ Laura D. Millman Laura D. Millman Special Master