GRANTED IN PART: April 13, 2011
CBCA 2215-C(1093)
DSS SERVICES, INC.,
Applicant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Ronald J. Shaw of The Shaw Law Firm, P.C., San Antonio, TX, counsel for
Applicant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Michael J. Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, GOODMAN, and STERN.
SOMERS, Board Judge.
DSS Services, Inc. (DSS) has submitted an application for reimbursement of fees and costs under the Equal Access to Justice Act, 5 U.S.C. § 504 (2006) (EAJA), incurred in connection with its successful prosecution of its claim. Initially, DSS sought an award of $98,765.63 in attorney fees and $3754.85 in other expenses, for a total of $102,520.48. The Government submitted a response and conceded that its position could not be characterized as substantially justified. However, the Government objected to a portion of the fees and costs sought -- $13,718.75 in attorney fees and $262.09 in expenses -- on various grounds. After the Board closed the record by order dated February 1, 2011, appellant’s counsel requested a teleconference. During the teleconference call held on February 10, 2011, appellant’s counsel offered to waive the disputed fees and costs. The Board reopened the _____________________________
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2 CBCA 2215-C(1093)
record to permit the parties to file additional submissions related to appellant’s offer no later than March 14, 2011.
On February 15, 2011, appellant filed a “reply to respondent’s partial opposition to appellant’s equal access to justice act application.” Appellant’s counsel verified that it waived its request for payment of $13,718.75 attorney fees and $262.09 in expenses. It amended its application to seek a total of $88,539.64 in EAJA attorney fees and costs. Respondent did not submit any additional material, and the Board closed the record by order dated March 29, 2011.
Decision
The cost application is GRANTED IN PART, as revised. We award to DSS $85,046.88 in attorney fees and $3492.76 in other expenses, for a total of $88,539.64. JERI KAYLENE SOMERS
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
JAMES L. STERN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in DSS Services, Inc., CBCA 2215-C(1093). Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.