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U.S. v. GUESS

No. 04CV2184-LAB (AJB), 128.

390 F.Supp.2d 979 (2005)

UNITED STATES of America, Plaintiff, v. L. Donald GUESS, et al., Defendants.

United States District Court, S.D. California.

July 1, 2005.

Attorney(s) appearing for the Case

U.S. Attorney, U.S. Attorneys Office, Southern District of California, San Diego, CA, Stuart D. Gibson, United States Department of Justice, Washington, DC, for Plaintiff.

Darrell D. Hallett, John M. Colvin, Chicoine and Hallett, C. James Frush, Gordon Thomas Honeywell Malanca Peterson and Daheim, Seattle, WA, James N. Mastracchio, Miriam L. Fisher, Bruce Zagaris, Berliner Corcoran and Rowe, Washington, DC, Frank T. Vecchione, Law Office of Frank T. Vecchione, Michael L. Lipman, Coughlan Semmer and Lipman, San Diego, CA, Bernstein, Martina, Morgan Lewis, Counselors at Law, S. Thomas Pollack, Irell and Manella, Los Angeles, CA, for Defendants.

ORDER RE RECOVERY OF XÉLAN FOUNDATION'S ATTORNEYS' FEES AND DEFENSE COSTS

[Dkt No. 128]

BURNS, District Judge.

This matter is before the Court on the motion of defendant xélan Foundation, Inc. ("Foundation") under the Equal Access To Justice Act ("EAJA"), 28 U.S.C. 2412 or, alternatively, under analogous provisions of the Internal Revenue Code, 26 U.S.C. § 7430 ("Section 7430") for recovery of its attorneys' fees and costs incurred...

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