Joseph J. Froio v. Robert A. McDonald ( 2015 )


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  •             UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
    NO. 12-3483(E)
    JOSEPH J. FROIO, APPELLANT,
    V.
    ROBERT A. MCDONALD,
    SECRETARY OF VETERANS AFFAIRS, APPELLEE.
    Before SCHOELEN, BARTLEY, and MOORMAN,* Judges.
    ORDER
    On May 29, 2015, the Court granted in part the appellant's application for attorney fees and
    expenses pursuant to the Equal Access to Justice Act (EAJA), 
    28 U.S.C. § 2412
    (d). On June 18,
    2015, the appellant filed a supplemental application for attorney fees and expenses in the amount of
    $28,886.62. The Secretary filed a response in opposition to the appellant's supplemental application
    on August 7, 2015. On September 21, 2015, the parties filed a joint notice to the Court that the
    parties had reached a settlement regarding the appellant's supplemental application and the
    appellant's unopposed motion to amend his supplemental application (Joint Notice and Motion). In
    the joint notice, the parties notified the Court that they have agreed that the appellant shall release
    the Secretary from all claims to attorney fees and expenses related to this matter, in exchange for a
    total payment in the amount of $18,000. Joint Notice and Motion at 2. Accordingly, the parties
    moved the Court to issue an order granting the appellant's motion to amend his June 18, 2015,
    supplemental application to reflect the total amount sought as $18,000 and to grant the supplemental
    application as amended. 
    Id. at 3
    .
    Upon consideration of the foregoing, it is
    ORDERED that the appellant's unopposed motion to amend his June 18, 2015, supplemental
    EAJA application, to reflect the full amount of attorney fees and expenses requested as $18,000, is
    GRANTED. It is further
    ORDERED that the appellant's supplemental EAJA application, as amended, is GRANTED.
    DATED: October 20, 2015                                                                 PER CURIAM.
    *
    Judge Moorman is a recall-eligible Judge who has been recalled to further service by the
    Chief Judge. 
    38 U.S.C. § 7257
    (b)(1).
    

Document Info

Docket Number: 12-3483(E)

Judges: Schoelen, Bartley, Moorman

Filed Date: 10/20/2015

Precedential Status: Precedential

Modified Date: 11/16/2024