Hoyt W. and Barbara D. Young, et al. - Page 35

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          printed thereon, appear to have originated from Izen’s telecopier           
          on the evening of April 3, 2001.  Sjostrom alleges that the                 
          pages, which contain time entries substantially similar (in                 
          content and format) to those included in the Izen fee request,              
          are part of a contemporaneous invoice submitted by Izen to the              
          Defense Fund.  As Sjostrom points out, for the period July 20,              
          2000 through March 20, 2001, the time entries in the alleged                
          invoice amount to 56.25 hours, while those included in the Izen             
          fee request for the same period amount to 130.93 hours.21  The              
          74.68-hour discrepancy is attributable to new entries as well as            
          additional time claimed for existing entries.  In the                       
          supplemental filing by which he submitted those documents to the            
          Court, respondent states:                                                   
               Although respondent did not previously question the                    
               veracity of the billing records, respondent requests                   
               that, in light of this new information, the court                      
               review all of Mr. Izen’s billing records and reduce the                
               fee award.                                                             
               In his response to respondent’s supplemental filing, Izen              
          neither questions the authenticity of the April 2001 document nor           
          alleges that the discrepancies are attributable to some kind of             
          billing error.  Rather, Izen attempts to downplay the                       
          significance of the document, describing it as an “informational            


          21 Sjostrom also observes that the billing rate in the                      
          alleged invoice is much lower than the rate claimed in the Izen             
          fee request.  We are not troubled by that discrepancy; Izen                 
          clearly based his request for the higher rate on his notion of              
          the market value of his services.  See infra Part III.H.1.e.                




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