Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Resrvation v. Department of Interior

MEMORANDUM AND ORDER

SHUBB, District Judge.

The court heard oral argument on August 19, 1991 on plaintiff’s application for attorney fees under the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412. Defendants opposed the application on two grounds. First, defendants contend plaintiff’s application is premature because defendants have appealed. Second, defendants argue that even if the application is timely, an award of fees is not appropriate because the position of defendants was “substantially justified.”

DISCUSSION

A. Timeliness

On August 5, 1991, the defendants filed a notice of appeal…