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from https://ecf.cand.uscourts.gov
US Court of Federal Claims
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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 by | Jeffrey 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 by | Jeffrey 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 by | Gregory 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 |
| 07/12/2002 | 1 | PETITION 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) |
| 07/12/2002 | 2 | NOTICE to Defer Proceedings in Autism Case by SUSAN IANNUZZI, PETER IANNUZZI. (JT) (Entered: 07/12/2002) |
| 07/12/2002 | 3 | NOTICE 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) | |
| 08/06/2002 | 4 | NOTICE of Attorney Appearance for HHS by Gregory William Fortsch. Service: 8/6/02. (FE) (Entered: 08/07/2002) |
| 08/07/2002 | 5 | NOTICE Regarding Omnibus Autism Proceeding. ( signed by Special Master George L. Hastings Jr. ) Copy to parties. (JT) (Entered: 08/07/2002) |
| 10/10/2002 | 6 | RESPONDENT'S REPORT Service: 10/10/02 (JT) (Entered: 10/11/2002) |
| 02/07/2003 | 8 | MOTION 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) | |
| 03/05/2003 | 7 | MOTION by HHS (Service : 3/5/03 ) for appropriate relief. Response due: 3/24/03 (JT) (Entered: 03/10/2003) |
| 03/31/2003 | 9 | ORDER 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) |
| 08/21/2003 | 13 | Consented 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) | |
| 09/05/2003 | 10 | ORDER 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) |
| 09/12/2003 | 11 | NOTICE 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) |
| 10/14/2003 | 12 | ORDER denying Motion Appropriate Relief and Formal Notice Signed by Special Master George L. Hastings. (jmm, ) (Entered: 10/27/2003) |
| 08/09/2004 | 14 | NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/09/04.(tjk, ) (Entered: 08/12/2004) |
| 11/04/2005 | 15 | NOTICE OF FILING [Exhibit #9 AFFIDAVIT] by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/05.(tjk, ) (Entered: 11/09/2005) |
| 11/04/2005 | 16 | STATUS REPORT, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/05.(tjk, ) (Entered: 11/09/2005) |
| 11/04/2005 | 17 | NOTICE OF FILING [MEDICAL RECORDS Exhibit(s) #1-8] filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/02/05.(tjk, ) (Entered: 11/09/2005) |
| 11/14/2005 | 18 | PETITIONER'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) |
| 11/14/2005 | 19 | 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) |
| 11/15/2005 | 20 | SCHEDULING ORDER:Respondents Report Due by 1/15/2006. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 11/17/2005) |
| 11/23/2005 | 21 | SCHEDULING 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) |
| 12/15/2005 | 22 | Respondent's Supplemental Rule 4 Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/15/05. (tjk, ) (Entered: 12/19/2005) |
| 12/21/2005 | 23 | DECISION Signed by Special Master George L. Hastings. (tjk, ) (Entered: 12/23/2005) |
| 01/26/2006 | 24 | JUDGMENT entered, pursuant to Vaccine Rule 11(a), that the petition is dismissed. (lld, ) (Entered: 01/26/2006) |
| 01/27/2006 | 25 | Petitioner's Election to File Civil Action re: [24] Judgment. Service: 1/26/06.(tjk, ) (Entered: 01/31/2006) |
| 07/26/2006 | 26 | 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) |
| 07/26/2006 | 27 | PETITIONER and COUNSEL STATEMENT, filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 7/24/06.(tjk, ) (Entered: 07/31/2006) |
| 08/10/2006 | 28 | RESPONSE 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) |
| 08/21/2006 | 29 | MOTION 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) |
| 08/23/2006 | 30 | ORDER 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) |
| 09/18/2006 | 31 | ORDER 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) |
| 11/06/2006 | 32 | REPLY to [28] Response to Motion , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/03/06. (tjk, ) (Entered: 11/06/2006) |
| 11/14/2006 | 33 | ORDER 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) |
| 11/20/2006 | 34 | 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) |
| 11/20/2006 | 35 | RESPONSE to [28], filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 11/17/06. (tjk, ) (Entered: 11/27/2006) |
| 12/01/2006 | 36 | ORDER granting [34] Motion to Withdraw [35] Response. Signed by Special Master George L. Hastings. (tjk, ) (Entered: 12/03/2006) |
| 12/04/2006 | 37 | SUPPLEMENTAL RESPONSE to [26] Motion for Attorney Fees , filed by SUSAN IANNUZZI, PETER IANNUZZI. Service: 12/04/06. (tjk, ) (Entered: 12/06/2006) |
| 12/13/2006 | 38 | NOTICE of Appearance by Traci R. Patton for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/13/06.(tjk, ) (Entered: 12/14/2006) |
| 01/03/2007 | 39 | REPLY 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) |
| 01/05/2007 | 40 | 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) |
| 01/10/2007 | 41 | ORDER 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) |
| 01/24/2007 | 42 | SUPPLEMENTAL 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) |
| 01/25/2007 | 43 | ORDER 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) |
| 02/02/2007 | 44 | ORDER 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) |
| 02/06/2007 | 45 | RESPONSE 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) |
| 02/12/2007 | 46 | ORDER 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) |
| 03/20/2007 | 47 | RULING 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) |
| 03/30/2007 | 48 | ORDER 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) |
| 03/30/2007 | 49 | DECISION on Attorney's Fees and Costs Signed by Special Master George L. Hastings. (tjk, ) (Entered: 04/05/2007) |
| 04/30/2007 | 50 | 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) |
| 04/30/2007 | 51 | NOTICE 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) | |
| 05/30/2007 | 52 | Respondent'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) |
| 05/30/2007 | 53 | Response 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) |
| 08/02/2007 | 54 | ORDER 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) |
| 08/02/2007 | 55 | JUDGMENT 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) |