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CLOSED

US Court of Federal Claims
United States Court of Federal Claims (COFC)
CIVIL DOCKET FOR CASE #: 1:02-vv-00780-BAF


IANNUZZI, et al v. HHS
Assigned to: Sr. Judge Bohdan A. Futey
Referred to: Special Master George L. Hastings, Jr
Demand: $0
Cause: 42:300 Vaccine Injury Act

Date Filed: 07/12/2002
Date Terminated: 01/26/2006
Nature of Suit: 460 Injury - M/M/R
Jurisdiction: U.S. Government Defendant
Petitioner
SUSAN IANNUZZI
parent(s) of
represented byJeffrey Scott Thompson
c/o Conway, Homer & Chin-Caplan, P.C.
16 Shawmut Street
Boston, MA 02116
TERMINATED: 08/21/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ronald Craig Homer
Conway, Homer & Chin-Caplan, P.C.
16 Shawmut Street
Boston, MA 02116
(617) 695-1990
Email: rhomer@ccandh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thao Da Ho
c/o Conway, Homer & Chin-Caplan
16 Shawmut Street
Boston, MA 02116
(617) 695-1990
Fax: (617) 695-0880
TERMINATED: 08/23/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Petitioner
PETER IANNUZZI
, a minor.
represented byJeffrey Scott Thompson
(See above for address)
TERMINATED: 08/21/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ronald Craig Homer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thao Da Ho
(See above for address)
TERMINATED: 08/23/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Respondent
SECRETARY OF HEALTH AND HUMAN SERVICES represented byGregory William Fortsch
U. S. Department of Justice
Vaccine/Torts Branch, Civil Division
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
(202) 616-4122
TERMINATED: 08/09/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linda Sara Renzi
U. S. Department of Justice
Vaccine/Torts Branch, Civil Division
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
(202) 616-4133
Email: linda.renzi@usdoj.gov
TERMINATED: 12/13/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Traci R. Patton
U. S. Department of Justice
Vaccine/Torts Branch, Civil Division
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
(202) 353-1589
Fax: (202) 616-4310
Email: traci.patton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

07/12/20021PETITION by SUSAN IANNUZZI, PETER IANNUZZI. FILING FEE $ 150.00 RECEIPT # 054287 Vac. Date: 7/15/99 ( Respondent's Report due 10/10/02 ) (JT) (Entered: 07/12/2002)
07/12/20022NOTICE to Defer Proceedings in Autism Case by SUSAN IANNUZZI, PETER IANNUZZI. (JT) (Entered: 07/12/2002)
07/12/20023NOTICE OF assignment to Special Master George L. Hastings Jr. Copy to parties. (JT) (Entered: 07/12/2002)
07/12/2002 CASE assigned to Judge Unassigned . (JT) (Entered: 07/12/2002)
08/06/20024NOTICE of Attorney Appearance for HHS by Gregory William Fortsch. Service: 8/6/02. (FE) (Entered: 08/07/2002)
08/07/20025NOTICE Regarding Omnibus Autism Proceeding. ( signed by Special Master George L. Hastings Jr. ) Copy to parties. (JT) (Entered: 08/07/2002)
10/10/20026RESPONDENT'S REPORT Service: 10/10/02 (JT) (Entered: 10/11/2002)
02/07/20038MOTION to Substitute Attorney Jeffrey S. Thompson in place of Ronald C. Homer by PETER IANNUZZI, SUSAN IANNUZZI.Service: 1/6/03. (jmm, ) (Entered: 03/24/2003)
02/07/2003 ***Attorney Jeffrey Scott Thompson for PETER IANNUZZI and SUSAN IANNUZZI added. Attorney Ronald Craig Homer terminated. (jmm, ) (Entered: 03/24/2003)
03/05/20037MOTION by HHS (Service : 3/5/03 ) for appropriate relief. Response due: 3/24/03 (JT) (Entered: 03/10/2003)
03/31/20039ORDER Upon petitioner's motion, proceedings in this case are hereby formally suspended--and thus, the final "due date" for the special master's decision is formally suspended--for an indefinite period of time, but for no longer than 180 days. Signed by Special Master George L. Hastings. (jmm, ) (Entered: 04/04/2003)
08/21/200313Consented MOTION to Substitute Attorney Thao Ho in place of Jeffrey S. Thompson by PETER IANNUZZI, SUSAN IANNUZZI.Service: 08/18/03. (tjk, ) (Entered: 01/08/2004)
08/21/2003 ***Attorney Thao Ho for PETER IANNUZZI and SUSAN IANNUZZI added. Attorney Jeffrey Scott Thompson terminated. (tjk, ) (Entered: 01/08/2004)
09/05/200310ORDER re: Respondent has filed a "Motion for Appropriate Relief". Respondent filed an identical motion in the case of Stewart v. HHS, No. 02-819V, and I denied that motion in a lengthy published ruling filed on September 03, 2003. See Stewart v. Secretary of HHS, No. 02-819V (published cite not yet available). I also intend to deny the "Motion for Appropriate Relief" filed in each of these cases, for the reasons outlined in that Stewart ruling. Signed by Special Master George L. Hastings. (jmm, ) (Entered: 09/11/2003)
09/12/200311NOTICE OF CORRECTION There was an error in my Order filed on September 5, 2003. The last line on page 1 should have said "420 days" rather than "240 days" The 420 days include the 240-day period plus the 180-day period. Signed by Special Master George L. Hastings. (jmm, ) (Entered: 09/22/2003)
10/14/200312ORDER denying Motion Appropriate Relief and Formal Notice Signed by Special Master George L. Hastings. (jmm, ) (Entered: 10/27/2003)
08/09/200414NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/09/04.(tjk, ) (Entered: 08/12/2004)
11/04/200515NOTICE OF FILING [Exhibit #9 AFFIDAVIT] by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/05.(tjk, ) (Entered: 11/09/2005)
11/04/200516STATUS REPORT, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/05.(tjk, ) (Entered: 11/09/2005)
11/04/200517NOTICE OF FILING [MEDICAL RECORDS Exhibit(s) #1-8] filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/02/05.(tjk, ) (Entered: 11/09/2005)
11/14/200518PETITIONER'S NOTICE TO SEPARATE FROM THE AUTISM PROCEEDINGS , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/10/05. Response due by 11/28/2005. (tjk, ) (Entered: 11/15/2005)
11/14/200519 MOTION for a Ruling on the Record, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/10/05.Response due by 11/28/2005. (tjk, ) (Entered: 11/16/2005)
11/15/200520SCHEDULING ORDER:Respondents Report Due by 1/15/2006. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 11/17/2005)
11/23/200521SCHEDULING ORDER: As discussed at the 11/21/05 status conference, respondent will make every effort to file respondent's supplemental "Rule 4 report" by 12/16/05. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 11/29/2005)
12/15/200522Respondent's Supplemental Rule 4 Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/15/05. (tjk, ) (Entered: 12/19/2005)
12/21/200523DECISION Signed by Special Master George L. Hastings. (tjk, ) (Entered: 12/23/2005)
01/26/200624JUDGMENT entered, pursuant to Vaccine Rule 11(a), that the petition is dismissed. (lld, ) (Entered: 01/26/2006)
01/27/200625Petitioner's Election to File Civil Action re: [24] Judgment. Service: 1/26/06.(tjk, ) (Entered: 01/31/2006)
07/26/200626 MOTION for Attorney Fees , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 7/24/06.Response due by 8/10/2006. (tjk, ) (Entered: 07/28/2006)
07/26/200627PETITIONER and COUNSEL STATEMENT, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 7/24/06.(tjk, ) (Entered: 07/31/2006)
08/10/200628RESPONSE to [26] MOTION for Attorney Fees , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/10/06.Reply due by 8/21/2006. (tjk, ) (Entered: 08/11/2006)
08/21/200629MOTION to Substitute Attorney Ronald C. Homer in place of Thao Ho , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 8/15/06.Response due by 9/1/2006. (tjk, ) (Entered: 08/23/2006)
08/23/200630ORDER granting [29] Motion to Substitute Attorney. Added attorney Ronald Craig Homer for SUSAN IANNUZZI and PETER IANNUZZI. Attorney Thao Da Ho terminated. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 08/25/2006)
09/18/200631ORDER staying action on petitioner's attorneys' fees request pending the outcome of mediation. Signed by Special Master George L. Hastings. (dls ) (Entered: 09/18/2006)
11/06/200632REPLY to [28] Response to Motion , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/06. (tjk, ) (Entered: 11/06/2006)
11/14/200633ORDER Petitioner shall file another memorandum as discussed at the 11/06/06 conference. Respondent shall then file a responsive memorandum, within 17 days of the service date of petitioner's filing. Petitioner's counsel may then telephone the undersigned's staff if counsel wishes to reply to respondent's filing. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 11/19/2006)
11/20/200634 MOTION to Withdraw [32] Response , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/17/06.Response due by 12/4/2006. (tjk, ) (Entered: 11/27/2006)
11/20/200635RESPONSE to [28], filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/17/06. (tjk, ) (Entered: 11/27/2006)
12/01/200636ORDER granting [34] Motion to Withdraw [35] Response. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 12/03/2006)
12/04/200637SUPPLEMENTAL RESPONSE to [26] Motion for Attorney Fees , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 12/04/06. (tjk, ) (Entered: 12/06/2006)
12/13/200638NOTICE of Appearance by Traci R. Patton for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/13/06.(tjk, ) (Entered: 12/14/2006)
01/03/200739REPLY to [37] Response to Supplemental Response to Motion re [26] MOTION for Attorney Fees, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 12/28/06. (tjk, ) Modified on 1/8/2007 (tjk, ). (Entered: 01/08/2007)
01/05/200740 MOTION to file a sur-response re [26] MOTION for Attorney Fees , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/5/07.Response due by 1/22/2007. (dls ) (Entered: 01/08/2007)
01/10/200741ORDER re The undersigned will accept and consider respondent's [40] Sur-response filed on 1/05/07. Petitioner may file a response thereto, by 1/23/07 if desired. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 01/15/2007)
01/24/200742SUPPLEMENTAL MOTION for Attorney Fees , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 1/23/07.Response due by 2/9/2007. (tjk, ) (Entered: 01/28/2007)
01/25/200743ORDER re [35] Response filed by SUSAN IANNUZZI,, PETER IANNUZZI. In petitioner's filing the Response, petitioner cited the Decision on Attorneys Fees and Costs in Lopez v. HHS, No. 99-657. Because the decision is Unpublished, it is attached to this Order. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 01/28/2007)
02/02/200744ORDER re The parties have cited the Decision on Attorneys Fees and Costs in Stevens v. HHS, No. 99-594, that decision is hereby attached to this order. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 02/08/2007)
02/06/200745RESPONSE to [42] MOTION for Attorney Fees , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/06/07.Reply due by 2/16/2007. (tjk, ) (Entered: 02/09/2007)
02/12/200746ORDER re Attached to this Order are two documents for inclusion into the record of this case. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 02/15/2007)
03/20/200747RULING re MOTION for Attorney Fees filed by PETER IANNUZZI, SUSAN IANNUZZI Signed by Special Master George L. Hastings. (tjk, ) Modified on 3/26/2007 (tjk, ). (Entered: 03/26/2007)
03/30/200748ORDER re [47] Order. Pursuant to the undersigned's Ruling, the parties provided documents to the undersigned and are hereby attached to this order. These documents provide the parties' agreed calculations requested in the conclusion to the Ruling. The undersigned will issue a Decision shortly. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 04/05/2007)
03/30/200749DECISION on Attorney's Fees and Costs Signed by Special Master George L. Hastings. (tjk, ) (Entered: 04/05/2007)
04/30/200750 MOTION for Review of [49] DECISION of Special Master - Fees, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/30/07. Response to Motion for Review due by 5/30/2007. (dls) Modified on 5/15/2007 (tjk, ). (Entered: 05/03/2007)
04/30/200751NOTICE of Assignment to Judge Bohdan A. Futey. (dls) (Entered: 05/03/2007)
04/30/2007 Case assigned to Judge Bohdan A. Futey. (dls) (Entered: 05/03/2007)
05/30/200752Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/29/07. (Neal, Alonzo) Modified on 7/11/2007 (tjk, ). (Entered: 05/31/2007)
05/30/200753Response to [50] MOTION for Review of [49] DECISION of Special Master - Fees, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 5/29/07. (Neal, Alonzo) Modified on 7/11/2007 (tjk, ). (Entered: 05/31/2007)
08/02/200754ORDER reversing the special master's decision in part and allowing respondent's [50] Motion for Review;. The Clerk is directed to enter judgment in favor of petitioner in the amount of $7,024.71 in fees and expenses. No costs on review. Signed by Judge Bohdan A. Futey. (lld) (Entered: 08/02/2007)
08/02/200755JUDGMENT entered, pursuant to Appendix B, Rule 30, that petitioner is awarded attorneys' fees and costs in the amount of $7,024.71. No costs on review. (lld) (Entered: 08/02/2007)
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