CBCA 2215-C(1093)

DSS Services, Inc.

Apr 13, 2011Judge SomersGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in part

Key Facts

Appellant
DSS Services, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Somers
Case number
CBCA 2215-C(1093)
Decided
Apr 13, 2011The decision states Apr 13, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The Shaw Law Firm, P.C.
Outcome
Granted in part
The cost application is GRANTED IN PART, as revised.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

EAJA and fees

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Ronald J. Shaw
The Shaw Law Firm, P.C.
San Antonio, TX
For the respondent
Michael J. Noble
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,240 characters, read from the Board's own documentDecided Apr 13, 2011 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Equal Access to Justice Act2

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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 _____________________________

______________________________ _______________________________

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.

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