UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 31, 2013
CHARLES ROBERT GORTON,
TODD, ET AL. DEFENDANTS.
The opinion of the court was delivered by: The Honorable Lawrence K. Karlton
PLAINTIFF'S THIRD REQUEST FOR AUTHORITY TO INCUR COSTS (APPOINTED COUNSEL) AND REQUEST FOR PAYMENT
Amended Complaint Filed: February 26, 2009 Trial Date: February 20, 2013 PART I 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. to prepare for trial, and for his time to testify at trial (set to begin on February 20, 2013).
On August 29, 2011, I filed a Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment with this Court in the amount of $3,750. On May 16, 2011, I filed a second Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment with this Court in the amount of $7,500. The Court approved both of those request, and at this time, the requested funds have been incurred (see chart below).
In the second request, I indicated my intent to file a third request
for the costs of expert
preparation and attendance should the case proceed to trial. I have
made reasonable inquiry and believe that the cost of this course of
action will not exceed $7,000, which includes $3,000 for one 6 day of
Dr. Lovett's attendance at trial and 16 hours of consultation for
preparation at Dr. Lovett's 7 standard rate of $250 per hour.
I therefore request that this court authorize the expenditure, in an amount not to exceed $7,000, for the completion of this contemplated course of action. 9 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 $3,750 paid $7,500 Further consultation with nephrologist; preparation of expert $7,675 paid report and discovery; preparation for expert depositions
I declare under the penalty of perjury that the foregoing is true and correct. Signed this 25th day of January, 2013 in San Francisco, California.
WINSTON & STRAWN LLP
By: /s/ Nicholas Short
Attorney for Plaintiff
The above expenditure is: __X__ Approved. _____ Disapproved.
Or, _____ Good cause appearing therefore, this matter is set for discovery conference, pursuant to Rule _____, on _________________________, 2013, at__________ in Courtroom Number ___.
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.
I therefore request reimbursement of this cost. I understand and agree
that this cost will be
reimbursed out of any recovery or settlement resulting from this
Signed this ___ day of ___________, 2013, at San Francisco, California.
WINSTON & STRAWN LLP
Nicholas Short Attorney for Plaintiff
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