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.

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