Hanson Colorado Farms Partnership v. Vilsack, No. 11-cv-00675-RPM, 2012 U.S. Dist. LEXIS 135270 (D. Colo. Sept. 21, 2012)

(plaintiff was named insured under crop insurance policy; USDA NAD Director concluded that plaintiff lacked bona fide insurable interest in insured crop either as owner-operator, landlord, tenant or sharecropper; in earlier action, court vacated NAD Director finding; plaintiff filed application for fees and costs under EAJA and defendant denied application on basis that plaintiff did not submit sufficient net worth exhibit to show that plaintiff had net worth of less than $7,000,000 and had fewer than 500 employees; while net worth statement deficient, court allowed plaintiff to submit further documentation as to net worth; defendant (Risk Management Agency) took position in Loss Adjustment Manual Handbook that plaintiff must produce crop, exercise managerial control over crop, make credit arrangements with respect to crop and own farm equipment or make arrangements to obtain equipment or hire custom work; defendant's position unreasonable and plaintiff entitled to fees and costs; plaintiff bore financial risk with respect to crop at issue; enhanced fees awarded (upon submission of further documentation as to net worth establishing eligibility for crop insurance) due to specialized knowledge necessary to practice with respect to federal farm programs).