- 46 - Fund. It is hardly surprising that this group, faced with the largely unfavorable outcome of Dixon III, would fracture over the issue of legal representation going forward. Indeed, given the number of contributors to the Defense Fund, three sets of appellate counsel (i.e., Izen, Minns, and Porter & Hedges) does not seem unreasonable.40 Therefore, we shall not reduce the number of compensable hours merely to account for the fact that Minns and Porter & Hedges had to “read the same record and learn the same case” with which Izen was already familiar. b. Overstaffing Respondent also asserts that “it is apparent that these cases have been overstaffed by both Mr. Minns and Porter and Hedges and that the number of hours charged by those firms for the appeal is excessive and outside the realm of reason.” In evaluating the reasonableness of the hours claimed, we are aided by the fact that, taking into account Izen’s appellate fee request, we have before us three separate fee applications relating to the same appellate proceedings.41 Each of those applications contains a breakdown of hours devoted to various tasks as delineated in the Ninth Circuit’s Form 9. Regarding 40 We note that three sets of counsel participated in the evidentiary hearing underlying our opinion in Dixon III as well: Izen, Jones, and Sticht. 41 Although Jones has also filed a motion in this Court for appellate fees and expenses, see supra note 12, he did not directly participate in the appeals of the test cases as did Izen.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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