Free Order on Motion for Attorney Fees - District Court of Federal Claims - federal

Case 1:97-cv-00381-FMA

Document 266

Filed 06/13/2005

Page 1 of 1

In the United States Court of Federal Claims
Nos. 97-381C & 97-38111C through 97-38130C

(Filed: June 13, 2005) __________ FRANCONIA ASSOCIATES, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. __________ ORDER __________ On June 6, 2005, plaintiffs filed a motion for attorney's fees and expenses under the Equal Access to Justice Act (EAJA). That motion is hereby DENIED with respect to all the case numbers noted above except Case No. 97-381C, as to which the petition is premature. The court finds that the position of the United States in these cases was "substantially justified" for purposes of 28 U.S.C. §2412(d)(1)(A), in the sense that it was "justified to a degree that would satisfy a reasonable person," see Pierce v. Underwood, 487 U.S. 552, 565 (1988), and had a "reasonable basis in both fact and law," see Chiu v. United States, 948 F.2d 711, 715 (Fed. Cir. 1991). Defendant is therefore not subject to the imposition of fees and expenses under EAJA. Costs in this case are awardable, as appropriate, under 28 U.S.C. §2412(a)(1). IT IS SO ORDERED.

s/Francis M. Allegra Francis M. Allegra Judge