Primero Garcia v. Barr

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 NARCISO PRIMERO GARCIA, Case No. 20-cv-01389-NC 11 Petitioner, ORDER GRANTING PETITIONER’S MOTION FOR v. ATTORNEYS’ FEES 13 WILLIAM P. BARR, et al., Re: Dkt. No. 36 14 Respondents. 15 16 Petitioner Narciso Primero Garcia moves for attorneys’ fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Respondents William P. Barr, Chad Wolf, Matthew Albence, and David W. Jennings contend that Primero Garcia is not entitled to attorneys’ fees under the EAJA because he is not a prevailing party, its position in the underlying litigation was substantially justified, and the requested fees are unreasonable. The Court disagrees with Respondents and GRANTS Primero Garcia’s motion for attorneys’ fees. The Court, however, reduces the fees award because counsels’ billing records reveals confusingly vague time entries and time not compensable at an enhanced billing rate. I. Background …