Motion for Reconsideration Denial – Attorney’s Fees Objection Waived


Bundrick v. HHS, (Fed. Cl. Spec. Mstr. Apr. 27, 2016) (Roth, SM)

Petitioner requested fees and costs in the amount of $16,632.57; Respondent countered that a reasonable range was 12,000-14,000.  The special master awarded the fees and costs requested, plus an amount incurred litigating fees, noting that Respondent had no specific objection to the rates or time billed.  The court also noted that she had reviewed the billing and found it reasonable.

Motion for Reconsideration

Respondent filed a motion for reconsideration, contending that the court improperly required her to file a detailed fee position and that the court abused its discretion by failing to independently review the fee application.  The motion was denied as Respondent did not demonstrate that the interests of justice required a reduction of the fees and costs awarded.  Moreover, Respondent “fundamentally and inaccurately mischaracterized” the court’s ruling.  As stated in the decision, the court had reviewed the billing independently and found it reasonable.  Respondent provided no support for the “range” suggested and offered no specific objections.  This constituted a waiver of any objections.

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