176 F.Supp.2d 1370 (CIT. 2001), 99-07-00393, Former Employees of Motorola Ceramic Products v. United States
|Citation:||176 F.Supp.2d 1370|
|Party Name:||FORMER EMPLOYEES OF MOTOROLA CERAMIC PRODUCTS, Plaintiffs, v. UNITED STATES of America, Defendant. Slip Op. 01-137.|
|Case Date:||November 28, 2001|
|Court:||Court of International Trade|
Dorsey & Whitney (Munford Page Hall, II, Linda B. Popejoy), Washington, D.C., for Plaintiffs.
Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Louisa M. Reynolds, Attorney, United States Department of Labor, of Counsel, Washington, D.C., for Defendant.
CARMAN, Chief Judge.
Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (2001), and Rule 68 of this Court, Plaintiffs have applied for fees and other expenses related to Former Employees of Motorola Ceramic Products v. United States, Consolidated Court Number 99-07-00393. This Court denies Plaintiffs' application for fees and other expenses because Plaintiffs do not qualify as a prevailing party under the Equal Access to Justice Act (EAJA).
Plaintiffs sought worker adjustment assistance under the Trade Act of 1974, as amended, but the United States Department of Labor (DOL) twice denied Plaintiffs certification for eligibility. See Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, TA-W-35,438, Motorola Ceramic Products, Albuquerque, New Mexico, 64 Fed.Reg. 16,752 (April 6, 1999); Notice of Negative Determination on Reconsideration, TA-W-35,438, Motorola Ceramic Products, Albuquerque, New Mexico, 64 Fed.Reg. 32,275 (June 16, 1999). Through court-appointed counsel, Plaintiffs challenged the denial of eligibility certification in this Court, moving for judgment upon the agency record. With Plaintiffs' consent, the DOL requested a remand to reconsider its negative determinations. This Court granted the DOL's request. After reconsideration, the DOL reversed its negative determination and certified the employees as eligible for adjustment assistance due to their loss of employment from increased imports. See Notice of Revised Determination on Remand, 66 Fed.Reg. 15,139 (March 15, 2001). The parties then filed a stipulation of dismissal, and the Court entered an order of dismissal of the consolidated case on August 7, 2001.
On September 6, 2001, Plaintiffs filed an application for fees and other expenses pursuant to the EAJA and Rule 68 of this Court. Defendant filed a memorandum in opposition to Plaintiffs' application on October 5, 2001, asserting Plaintiffs did not meet the prevailing party requirement of the EAJA. Plaintiffs sought leave and were permitted by the Court to file a reply memorandum which they filed on November 2, 2001.
Congress enacted the EAJA to encourage individuals who might otherwise be deterred by the...
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