MEMORANDUM AND ORDER
MAGNUSON, District Judge.
This matter is before the court on defendant Thomas A. Johnson's motion for attorneys' fees and expenses under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412. The Securities and Exchange Commission (SEC) sought an injunction against Johnson based on alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and its regulations;
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