Kevin F. Coradeschi v. Department of Homeland Security

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3015
KEVIN F. CORADESCHI,
Petitioner,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Petition for review of the Merit Systems Protection Board in NY0752040163-A-1.
ON MOTION
Before MAYER, SCHALL, and MOORE, Circuit Judges.
MOORE, Circuit Judge.
ORDER
Kevin F. Coradeschi moves to waive the requirements of Fed. Cir. R. 47.7 and
for leave to file an attorney fee request pursuant to the Back Pay Act for work related to
the court's decision in Coradeschi v. Dep't. of Homeland Security, 439 F.3d 1329 (Fed.
Cir. 2006) as well as for work associated with this petition for review. The Department
of Homeland Security (DHS) opposes any fee request related to the present petition for
review.
Coradeschi filed an appeal with the Merit Systems Protection Board challenging
his removal from his position as a federal air marshal. After an interim successful
petition to this court challenging the Board's decision that it lacked jurisdiction to hear

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Coradeschi's claim, on remand, the Board ordered that DHS reinstate Coradeschi to his
former position. Subsequently, Coradeschi filed an application for attorney fees
pursuant to the Back Pay Act for costs associated with his petition before the Board as
well as for costs associated with his interim petition to the court. The Board held that it
lacked authority to award fees associated with his interim petition to the court.
Coradeschi petitions for review by this court.
While this petition was pending, we recently issued our decision in Ramos v.
Dep't of Justice, 552 F.3d 1356 (Fed. Cir. 2009). In Ramos we affirmed the Board's
holding that it lacked authority under the Back Pay Act to award attorney fees for
Ramos's interim petition. However, the court provided Ramos 20 days to file a fee
application to the court, waiving the requirements of Fed. Cir. R. 47.7 that the
application for fees be served and filed within 30 days after entry of the Board's
decision creating the possible fee entitlement. Thus, we allow Coradeschi to file an
application for attorney fees. As we stated in Ramos, the government can set forth its
grounds for opposing the fee request thereafter.
Accordingly,
IT IS ORDERED THAT:
The motion to waive Fed. Cir. R. 47.7 is granted.
The motion for leave to file an attorney fee request is granted.
Coradeschi's attorney fee request is due within 20 days from the date of filing of this
order. DHS's response, if any, is due within 20 days of the date of service of
Coradeschi's application.
2009-3015 2

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The Board's decision is affirmed.
All sides shall bear their own costs.
FOR THE COURT
APR 3 2009 /s/ Jan Horbaly
Date Jan Horbaly
Clerk U.S. COURT
FIL
OF ED
APPEALS FOR
ME FEDERAL CIRCUIT
cc: Thomas G. Roth, Esq.
Hilary A. Stern, Esq. APR 0 3 2009
s20 JAN 1.00re
CLERK
2009-3015 3

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