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Charles Robert Gorton v. Todd

January 31, 2013

CHARLES ROBERT GORTON,
PLAINTIFF,
v.
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

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, ...


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