Charo's Corporation, D/B/A Charo's Restaurant v. United States

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CHARO'S CORPORATION, d/b/a Charo's Restaurant, Petitioner, v. UNITED STATES of America, Respondent. No. 92-70807. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1994. Decided Aug. 31, 1994. Before: BROWNING, PREGERSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 We need not decide what constitutes an EAJA "application" for purposes of 5 U.S.C. Sec. 504 . The ALJ accepted and considered the 600 pages of exhibits as part of Charo's' application and those exhibits establish Charo's' eligibility. 1 The ALJ treated the attorney's affidavit, which was among the 600 pages, as sufficient to show Charo's met the net worth requirement. The ALJ did not treat the president's deposition, which was also among the 600 pages of exhibits, as sufficient to show Charo's employed fewer than 500 people. See AR 1159 ("we had about 250 different employees going through that place for five years"); Id. at…