Rubin
United States v. Rubin
Opinion
Lead Opinion
Fletcher, J.
I.D. Enterprises, Inc. and its president, Israel Rubin (collectively “Rubin”), appeal from the district court’s denial of their motion for attorneys’ fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
FACTUAL HISTORY & PROCEDURAL BACKGROUND
Rubin is in the import-export business and is required by statute and regulation to maintain certain records relating to the conduct of that business. Rubin does not dispute the basic authority of the United States Customs Service to seek, via summons, certain documents to insure compliance with the nation’s customs laws.
The proceedings below were initiated when the government sought, pursuant to 19 U.S.C. § 1510 , to enforce an administrative summons issued under 19 U.S.C. § 1509 . The district court entered an order directing Rubin to comply with the summons. Rubin appealed. Unsuccessful in obtaining a stay pending appeal and to avoid being held in contempt, Rubin turned over the documents.
This Court reversed, holding that the district court committed plain error by entering an order that did not take into account the government’s…
Dissenting Opinion
Hawkins, J.
dissenting:
The majority reaches a result here that I believe undermines an act of Congress with an entirely salutary purpose: leveling the playing field between the average citizen and a government with vast litigation resources. The Equal Access to Justice Act (“EAJA”) aims to insure that the government does not take unjustified positions when it hauls a citizen into court and, if it does, that the citizen can recover attorney’s fees.
The record before us contains a district court finding that the United States Customs Service took an unjustified position when it sought to compel the production of documents it already possessed. The question here is whether that finding is trumped by the district court’s other finding that the government was substantially justified in seeking the production of the remaining documents. In other words, if the government takes an unjustified position as to part of its litigation posture, can it avoid fee shifting (which would clearly be called for if no other issue were involved) by taking a justified position with respect to other issues?
The majority feels that Commissioner, I.N.S. v. Jean, 496 U.S. 154 , 110 S.Ct. 2316 , 110 L.Ed.2d 134…