Pugh v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-901V Filed: December 29, 2014 Not for Publication

************************************* MELVILLE PUGH, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* John R. Howie, Jr., Dallas, TX, for petitioner.

Michael P. Milmoe, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 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.

In accordance with General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain aspects of petitioner’s application. Based on these objections, petitioner amends his application for attorneys’ fees and costs to $53,250.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $53,250.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Howie Law, P.C. for $53,250.00.

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 29, 2014 s/ Laura D. Millman Laura D. Millman Special Master