United States v. Israel Rubin, as President of I.D. Enterprises, Inc. I.D. Enterprises, Inc.

We consider here the propriety of denying attorneys’ fees to an otherwise eligible private litigant where the district court finds that the government has advanced both justified and unjustified positions in the underlying litigation. Consistent with the basic purposes of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 , we hold that the district court should award fees to the private litigant who is a prevailing party, but should make an apportionment of the fees between what are attributable to the justified and unjustified positions maintained by the government.

I. BACKGROUND

In this appeal, defendants, I.D. Enterprises, Inc. and its president, Israel Rubin (collectively “Rubin”), appeal the district court’s denial of their motion for attorneys’ fees pursuant to the EAJA

Rubin is in the import-export business and is required 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…