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Joey Jurgensen v. Michael R. Pompeo, Secretary of State, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1268 · judgment November 20, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep’t of Health, 532 U.S. 598, 605 (2001), this Court established that one may qualify as a “prevailing party” under the Equal Access to Justice Act (“EAJA”) without securing a final judgment. The Court provided some guidance as to the amount of judicial involvement that would suffice as a requisite “judicial imprimatur,” but defining its scope continues to divide the lower courts. Whether a sua sponte stay ordered by the trial court, which directs the Agency to “repair” the concerns and to “finish” another review as sought by a plaintiff, who ultimately achieves virtually all of the relief requested without a final judgment or settlement, satisfies EAJA’s “prevailing party” requirement.

Counsel of record

For petitioner
Eric S. Montalvo
The Federal Practice Group

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 22 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 16 2020
    Waiver of right of respondents Pompeo, Michael, et al. to respond filed.
  4. Jun 25 2020
    Petition for a writ of certiorari filed. (Response due July 31, 2020)