In Re Margaret Howard, Petitioner, 985 F.2d 582 (Fed. Cir. 1992)
Annotate this CaseBefore PLAGER, Circuit Judge, COWEN, Senior Circuit Judge, LOURIE, Circuit Judge.
PLAGER, Circuit Judge.
ORDER
Margaret Howard applies for attorney fees and other expenses in the amount of $18,207.05 incurred in preparing her petition for writ of mandamus. The Secretary of the Army moves for leave to file his opposition out of time, with opposition attached. Howard moves for leave to file a reply to the Army's opposition, with reply attached.
After considering the arguments presented, we deny Howard's application for attorneys fees because the requirements for recovery set forth in the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, have not been met. See Phillips v. General Services Administration, 924 F.2d 1577, 1583 n. 5 (Fed. Cir. 1991) (if "the party seeking legal fees is obligated to pay them to a third party which is not the professional providing the legal service, an award under EAJA has been deemed inappropriate") (citing Wall Indus., Inc. v. U.S., 15 Cl.Ct. 796 (1988), aff'd without op., 883 F.2d 1027 (Fed. Cir. 1989) and Securities and Exch. Comm'n v. Comserv Corp. 908 F.2d 1407 (8th Cir. 1990)).
Accordingly,
IT IS ORDERED THAT:
(1) Howard's application for attorney fees and expenses is denied.
(2) The Army's motion for leave to file its opposition out of time is granted.
(3) Howard's motion for leave to file a reply is granted.
(4) Howard's petition for writ of mandamus is dismissed.
(5) All other outstanding motions are moot.
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