ELR Citation: ELR 20347
No(s). 84-3812 (9th Cir. Mar 12, 1985)

The court holds that the plaintiff may not collect attorneys fees under the Equal Access to Justice Act (EAJA) because plaintiff filed its motion for fees prematurely, after the court issued a permanent injunction but before it entered final judgment. Construing EAJA as a narrow waiver of sovereign immunity, the court rules that EAJA motions may only be filed after and within 30 days of final judgment. Although treating the plaintiff's premature filing as timely would not surprise or prejudice the government, the court declines to do so.

Counsel for Appellant
Richard M. Bornham
Findley & Bornham
Suite 200, 2d St., Juneau AK 99801
(907) 586-3811

Counsel for Appellees
Albert M. Ferlo, Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2774

Before Wright, Tang, and Crocker^*, JJ.