United States v. Modes, Inc.

Opinion and Order

Newman, Senior Judge:

Pursuant to Rule 68 of this court, defendants seek attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. §§ 2412(d)(1)(A) and 2412(b)(1988) (the “EAJA”). The court finds that the motion is without support in law because the prerequisites of the EAJA are not satisfied. Defendants’ motion is accordingly denied.

Background

The instant motion represents, hopefully, the final phase of a protracted litigation involving several courts and considerable pre-trial motion practice. Familiarity with the earlier proceedings is presumed, although…