Kerry
Asse International, Inc. v. Kerry
Opinion
Lead Opinion
Carney, J.
ORDER DENYING PLAINTIFF’S MOTION FOR INTERIM ATTORNEYS’ FEES AND COSTS PER-SUANT TO THE EQUAL ACCESS TO JUSTICE ACT
I. INTRODUCTION
Plaintiff ASSE International, Inc. (“ASSE”), brought this suit against the U.S. State Department and other defendants after the State Department imposed “lesser sanctions” on it based on its alleged violations of the regulations governing a cultural exchange program involving foreign workers in the United States. (Dkt. I.) This Court dismissed the case, (Dkt. 32), and the Ninth Circuit reversed, ASSE Int’l, Inc. v. Kerry, 803 F.3d 1059 (9th Cir. 2015). Upon remand from the Ninth Circuit, this Court granted the State Department’s motion for voluntary remand for further administrative proceedings in accordance with the Ninth Circuit’s opinion. (Dkt. 52.)
Before the Court is ASSE’s motion seeking an interim award of its fees and costs pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 . (Dkt. 54.) For the following reasons, the Court DENIES ASSE’s motion.
II. BACKGROUND
ASSE is a program sponsor serving the State Department’s Exchange Visitor Program (“EVP”), which promotes educational and cultural exchanges between people in…