- 46 -
notation from Alan Jones”. The 23 entries amount to 7.84 hours,
which we disallow in full.
3. Summary
The foregoing adjustments amount to 226.395 hours,
comprising 172.485 merits hours and 53.91 fee request hours.
Accordingly, we conclude that Izen reasonably expended 845.635
hours (1,072.03 - 226.395) overall, comprising 676.315 merits
hours (848.8 - 172.485) and 169.32 fee request hours (223.23 -
53.91).
D. Hours Reasonably Expended--Jones Fee Request
1. Reliability of Documentation
The Jones fee request initially contained no time entries
whatsoever covering the period of the appeal. Rather, the Jones
petitioners based the amount of their fee request ($133,136.50)
on the aggregate payments received by Jones from his nontest case
petitioner clients from August 16, 1999 through May 27, 2003.
After two requests for additional documentation, the Jones
petitioners finally submitted “reconstructed worksheets of time”
for Jones and two unidentified paralegals.33 The time entries
included in Jones’s worksheet amount to 143.87 hours, while those
33 The Jones petitioners explain: “The computer system in
[Jones’s] office was completely overhauled and reformatted in
January of 2003, so much of the previously stored information was
not accessible for the purposes required herein and worksheets
had to be manually reconstructed.”
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