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posttrial briefs. The consequence of Ms. Spaid’s knowing and
reckless behavior was to multiply the proceedings unreasonably
and vexatiously. We found that Ms. Spaid had continued to
advance the “Delpit”, “Scar”, and “Agency” issues long after we
warned her they were frivolous.
We recognized that petitioner originally appeared in this
case by filing his petition pro se, and that some of the
frivolous arguments were originally contained in the petition.
In this regard, we observed that Ms. Spaid was liable only for
the consequences of her own misconduct, including advancing
frivolous arguments initially developed by petitioner, but not
for actions taken by petitioner before Ms. Spaid’s appearance.
Respondent was ordered to submit an affidavit of the excess
costs, expenses, and attorney’s fees incurred as a result of Ms.
Spaid’s unreasonable and vexatious multiplication of the
proceedings.
Respondent’s trial attorney, Ms. Zusi, filed the affidavit
as ordered. Ms. Zusi reviewed respondent’s internal timekeeping
records, the legal files associated with the case, and the
various letters and motions pertaining to the case. These
documents show that Ms. Zusi and her supervisor, Debra K. Moe,
spent 495.5 hours and 67.5 hours, respectively, working on the
case. Ms. Zusi estimated that, out of these totals, she and Ms.
Moe spent 167 and 34 hours, respectively, on frivolous issues
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