Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States Department of the Interior et al

Filing 98

ORDER denying 87 Motion for Attorney Fees. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SHOSHONE-BANNOCK TRIBES of the
FORT HALL RESERVATION,
Plaintiffs,

Case No. 4:10-CV-004-BLW
ORDER

v.
UNITED STATES DEPARTMENT OF THE
INTERIOR; and UNITED STATES BUREAU
OF LAND MANAGEMENT,
Defendants.
And
J.R. SIMPLOT COMPANY
Defendant-Intervenors.

The Court has before it the Tribes’ motion for attorney fees. The Tribes seek fees
under the Equal Access to Justice Act (EAJA). The EAJA requires the Tribes to establish
that their net worth does not exceed $7 million and that they employ no more than 500
employees. 28 U.S.C. § 2412(d)(2)(B). The Tribes have failed to comply with this
requirement and hence the Court must deny their motion.
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for attorney fees
(docket no. 87) is DENIED.

Order - 1

DATED: March 25, 2013

Honorable B. Lynn Winmill
Chief U. S. District Judge

Order - 2