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We therefore determine that it is appropriate for us to
require petitioner’s counsel, Noel W. Spaid, to pay personally
such excess costs, expenses, and attorney’s fees as have been
reasonably incurred by respondent as a result of the matters
identified above. Respondent will be ordered to submit an
affidavit of such costs, expenses, and attorney’s fees within 60
days for consideration by the Court. The affidavit should be
itemized in sufficient detail to make clear how the time spent by
respondent in each instance was causally related to the frivolous
arguments or other sanctionable behavior of petitioner’s counsel.
Respondent’s affidavit, in a separate section, should identify
any action or nonaction by petitioner and his counsel which, even
though not a ground for increasing the penalty to be imposed on
petitioner’s counsel, imposed additional costs, expenses, and
attorney’s fees on respondent.
Petitioner and his counsel will be permitted to file
objection or objections to respondent’s affidavit within 30
calendar days after the affidavit is filed.
To reflect the foregoing,
An appropriate order will
be issued, and decision will
be entered under Rule 155.
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