Brian G. Takaba - Page 32




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          that Mr. Sulla adopted and added to petitioner’s frivolous                  
          arguments, thus unreasonably and vexatiously multiplying the                
          proceedings in this case, we shall extend him the benefit of the            
          doubt until such time as we are sure that he had adopted (and               
          added to) petitioner’s positions.  We believe that we can safely            
          say that he did so as of September 18, 2000, the date on which he           
          filed the status report (advising the Court of the 861 argument             
          and petitioner’s failure to waive or withdraw his initial                   
          arguments).  Mr. Lau declares that he spent 41 hours working on             
          the case after that date.  We are familiar with the procedural              
          and factual history of this case and believe that 41 hours was              
          reasonably necessary for Mr. Lau to do the work he described.               
          See United States v. $12,248 U.S. Currency, 957 F.2d 1513, 1520             
          (9th Cir. 1991).  We disagree with Mr. Sulla that some of the 41            
          hours in question are not excess hours because they are normal to           
          any litigation.  Petitioner’s position is totally without merit,            
          and this litigation should not have been continued 1 minute after           
          Mr. Sulla familiarized himself with the facts.  We find that $150           
          is a reasonable hourly charge for Mr. Lau’s time and that he                
          reasonably expended 41 excess hours on this litigation.  The                
          lodestar amount for Mr. Lau’s time is $6,150.                               
               Respondent asks reimbursement for 21.75 hours of Mr.                   
          Hochman’s time, at a rate of $200 an hour.  Mr. Hochman is Mr.              
          Lau’s supervisor.  He is an Associate Area Counsel in the Office            






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