Family Television, Inc. v. Securities & Exchange Commission

ORDER OF DISMISSAL

BARRINGTON D. PARKER, District Judge.

This case involves an appeal from the action of the Securities and Exchange Commission (“SEC” or “Commission”) denying an application for attorneys’ fees under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504. The claim for fees arises out of a three-year SEC investigation of the petitioners, Family Television, Inc. (“FTI”) and Keith Houser, its president and director. The SEC has filed a motion to dismiss the petitioners’ application on the grounds that their claim is not within the limited scope of the EAJA. For the reasons set…