UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 21, 2012
CHARLES ROBERT GORTON,
TODD, ET AL. DEFENDANTS.
The opinion of the court was delivered by: The Honorable Lawrence K. Karlton
REQUEST FOR AUTHORITY TO INCUR COSTS (APPOINTED COUNSEL) AND REQUEST FOR PAYMENT
Amended Complaint Filed: February 26, 2009
Trial Date: February 20, 2013
I, Nicholas Short, attorney for Charles Robert Gorton ("Plaintiff") declare as follows: I was appointed to represent Plaintiff in this action on November 3, 2010 by the Honorable Lawrence K. Karlton, United States District Judge. I believe that the following course of action is necessary to the prosecution of this action: further consultation with nephrologist David Lovett, M.D. in connection with the preparation of his expert report and expert discovery, and preparation for his deposition.
On August 29, 2011, I filed a Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment ("Request") with this Court in the amount of $3,750. At this time, the requested funds have been incurred (see chart below) for the purposes set forth in the August 29, 2 2011 Request. I have made reasonable inquiry and believe that it is necessary to incur additional 3 costs for the purposes stated above, and that the cost of the course of action will not exceed $7500. 4
Should this case proceed to trial, however, it will become necessary to incur additional costs for the 5 expert's trial preparation and attendance, and I will submit another request at that time. 6
I therefore request that this court authorize the expenditure, in an amount not to exceed that 7 stated above, for the completion of this contemplated course of action. 8
The following payments of costs have been heretofore approved in this matter:
Amount Amount Approved Purpose Paid $3,750 Consultation with nephrologist; preparation of report $2750 paid $1000 incurred and billed I declare under the penalty of perjury that the foregoing is true and correct.
Signed this 16th day of May, 2012 in San Francisco, California. WINSTON & STRAWN LLP By: /s/ Nicholas Short Nicholas Short Attorney for Plaintiff
Pursuant to General Order 230 (E.D. Cal. May 17, 1988), the above expenditure is: __x___ Approved. _____ Disapproved.
To the clerk of the above-entitled court:
I declare under the penalty of perjury that I have completed the action contemplated above, 4 that I have incurred actual cost in the amount of $_______________, and that I have paid that cost. 5
I therefore request reimbursement of this cost. I understand and agree that this cost will be 6 reimbursed out of any recovery or settlement resulting from this action. 7
Signed this ___ day of _____________________, 2012, at San Francisco, California.
WINSTON & STRAWN LLP By: Nicholas Short Attorney for Plaintiff
© 1992-2012 VersusLaw Inc.