GRANTED: July 18, 2016
CBCA 5353-C(4060)
R.A. GLANCY & SONS, INC.,
Applicant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Joseph A. Camardo, Jr. of Camardo Law Firm, P.C., Auburn, NY, 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.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs, Pittsburgh, PA, counsel for Respondent.
Before Board Judges VERGILIO, GOODMAN, and ZISCHKAU.
VERGILIO, Board Judge.
R.A. Glancy & Sons, Inc. (applicant) prevailed in the appeal, R.A. Glancy & Sons, Inc. v. Department of Veterans Affairs, CBCA 4060, 16-1 BCA ¶ 36,217, underlying this timely filed application for recovery pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (2012). Maintaining that it satisfies the requirements in terms of net worth and number of employees and that the position of the Government was not substantially justified, the applicant initially sought $16,871.88 in attorney fees and costs. The Department of Veterans Affairs (agency) objected to $100 of this amount, which the applicant has dropped from its request. The agency does not object to payment of $16,771.88.
Because of the retirement of one judge, the panel has changed from the underlying appeal.
Based upon the record, the Board concludes that the applicant prevailed on the issue in the underlying appeal, the applicant satisfies the net worth and size requirements of EAJA, the position of the agency was not substantially justified, and the $16,771.88 presently sought by the applicant reflects compensable fees and expenses at not more than the $125 per hour maximum.
Decision
The Board GRANTS the application; the applicant is entitled to recover $16,771.88. ______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in R.A. Glancy & Sons, Inc., CBCA 5353-C(4060). 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.