Jeppesen

Jeppesen v. Norton

Good Law
23 F. App'x 862
United States Court of Appeals for the Ninth CircuitJanuary 16, 2002Nos. 00-35485, 00-35490; D.C. No. CV-94-00132-BLWCalifornia347 words

Opinion

Lead Opinion

MEMORANDUM **

We affirm the award of fees and costs to Jeppesen for the reasons stated by the district court. The award of attorneys’ fees was reasonable, and we reject the government’s challenges to the fees. Also, all costs awarded were proper.

The district court did not, however, make any explicit decision as to the “expenses” requested by Jeppesen that were not allowable costs. 1 Beyond fees and costs, the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(A), authorizes an award of expenses normally billed to a client. See International Woodworkers, Local 3-98 v. Donovan, 792 F.2d 762, 767 (9th Cir.1985). We remand for further proceedings on whether Jeppesen should be awarded any expenses under the EAJA.

Jeppesen is entitled under the EAJA to reimbursement for fees, costs, and expenses incurred as a result of defending against the government’s appeal. See Love v. Reilly, 924 F.2d 1492, 1497 (9th Cir.1991).

AFFIRMED in part and REMANDED in part.

This disposition is inappropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

. It is understandable that the district court awarded…

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