Reich v. Midwest Plastic Engineering, Inc.

OPINION

ROBERT HOLMES BELL, District Judge.

Before this court is defendant’s motion for fees and expenses pursuant to 28 U.S.C. § 2412(d)(1)(A), the Equal Access to Justice Act (EAJA). In addition, plaintiff has moved the court to strike defendant’s second supplement to its motion. For the reasons that follow, defendant’s motion is denied. Plaintiffs motion is rendered moot.

I. Background

The United States Department of Labor (DOL) brought an action against Midwest Plastic Engineering, Inc. (Midwest) and Dennis E. Baker, alleging that defendants violated 29 U.S.C. § 2601, et seq., the Family and…