Plaintiff, Council of Parent Attorneys and Advocates, requested attorneys' fees and costs under the EAJA relating to successfully filing a complaint challenging the Department of Education's issuance of a final rule under the Administrative Procedure Act.
The court did not make a finding that the agency's position was "not substantially justified" under the EAJA as there was no court award for fees/costs in this case. Rather, the parties agreed to a settlement amount following the court's dismissal without prejudice of the Plaintiff's motion for attorneys' fees and costs for the purpose of allowing the parties to engage in settlement discussions.