Hippely v. United States

Opinion

1 Caicco 39-003270 $155.30 $178.88 $0.01

2 Cobb, Sr. 54-089500 $169.90 $195.70 $0.02

3 Fincham 54-082075 $224.24 $258.29 $0.02

4 Gwin 54-152927 $90.35 $104.07 $0.01

5 Hippely 54-114550 $113.61 $130.86 $0.01

6 Lanning, 54-153033 $16.56 $19.07 $0.01 Harold & Rosalie

7 Lanning, 54-083850 $107.64 $123.98 $0.01 Marilyn 8 Mowen 54-016920 $105.02 $120.97 $0.01

9 Ohio Edison 28-901531 $311.33 $358.60 $0.03 Co.

10 Warren R C 38-003007 $328.75 $378.67 $0.03 Inc TOTAL $1869.09 $0.16

The Joint Stipulation also includes the following representation: “Payment in accordance with paragraph 4 shall constitute a full, complete, and final resolution of all Plaintiffs’ claims and defenses, legal or equitable, arising out of this lawsuit, except for claims for the reimbursement of costs and expenses, including reasonable attorney fees, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act.” Id. ⁋ 6.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act provides, “The court rendering a judgment for the plaintiff in a proceeding . . . awarding compensation for the taking of property by a Federal agency . . . shall determine and award . . . such sum . . . including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceedings.” 42 U.S.C. § 4654(c). A complete judgment accordingly requires consideration of attorneys’ fees. Id. RCFC 54(b) states:

When an action presents more than one claim for relief—whether as a claim, counterclaim, or third-party claim—or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no reason for delay.

-2- The Joint Stipulation does not settle the issue of attorneys’ fees, so the Court must enter partial judgment. Joint Stip. for Partial J. ⁋ 6. The Court determines “there is no reason for delay of judgment” for the compensation to the landowners because the remaining issue—attorneys’ fees—does not affect the agreed upon compensation to plaintiffs. See RCFC 54(b).

Pursuant to RCFC 54(b) and in accordance with the Joint Stipulation, ECF No. 89, the Clerk is DIRECTED to enter partial judgment in favor of plaintiffs in the amount of $1,869.09 and additional interest of $0.16 per day from 1 January 2023 through the date of payment, to each plaintiff as listed in Exhibit A of the Joint Stipulation. The parties SHALL FILE a joint status report on or before 7 July 2023 proposing a briefing schedule on plaintiffs’ request for attorneys’ fees or requesting another stay of proceedings on the remaining issues.

IT IS SO ORDERED.

s/ Ryan T. Holte RYAN T. HOLTE Judge

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