- 35 - 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.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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