Meador v. Aye et al

Filing 23

ORDER signed by Magistrate Judge Dennis L. Beck on 3/25/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Brian McComas is GRANTED. (Crouch, J)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

IGordOn D. Meador

Plaintiff(s)
No·ll:14-CV-00006 DLB PC

VB.

IDr. K. Aye, et at,

Defendants.

REQUEST FOR AUTHORITY TO INCUR
COSTS (APPOINTED COUNSEL) AND
REQUEST FOR PAYMENT

______________~I

REQUEST OF PRO BONO FOR PRE-APPROVAL OF EXPENDITURES
Complete this form and return it to the court (with two copies) for approval prior to incurring the
cost for which reimbursement is requested.

I, IBrian C. McComas

• attorney for plainliff(s), declare as follows:

r"""-",,-'-"Jj=='-I!J!!ill""'.!l.2.L-"in!....t,,,h!,2is action on /February 11,2015
, by the
, United States District Judge/Magistrate Judge.
Honorable Dennis Beck
I believe that the following course of action is reasonably necessary to the prosecution of this
action:

Please see Declaration of Counsel (Attachment A).

Counsel seeking refmbul"sement must support aU daimed expenses by submitting invoites, receipts or similar
documentation. Without sutl. documentation, counsel will not be reimbursed.

I have made reasonable inquiry and believe that the cost of this course of action will not exceed
the amount of $1700
1 therefore request that this court authorize the expenditure in an amount not to exceed that stated
above for the completion ofthis contemplated course ofaction.

REQUEST OF PRO BONO FOR PRE-APPROVAL OF EXPENDITURES - PAGE 2
Case Number: 11:14-CV-00006 DlB PC
The following payments of costs have been heretofore approved in this matter:
Amount
Approved

Amount
Paid

Purpose

IN/A
I
I
I

IN/A

IN/A
I
I
I
I
I

I
I

I

I
I
I

I
I

. I declare under penalty of perjury that the foregoing is true and correct.

I

Signed this 13th

• 20

day of IMarch

rs ,at ISan

Francisco

, California.

I/G.~~ --~Attorney for PIal

IS)

The above expenditure is
Or,

Y"
"

Approved
~

- - - ­Denied

_ _ _ _Good cause appearing therefore, this matter is set for discovery conference, pursuant

I LOI S-­
:sJz 5>--

to rule _ _--", on _ _ _ _ _ _ _ _ _, at _____,
Number
Dated:

I

I

.M. in Courtroom

~\~L
United States.9isWiillo ~II~/Magistrate Judge

1 BRIAN C. McCOMAS

California SBN 273161
2 The Law Office of B.C. McComas
PMB 1605,77 Van Ness Ave., Ste. 101
3 San Francisco, CA 94102
Telephone: [phone]
4 Facsllnile: [phone]
Email: mccomas.b.c@gmaiLcom
5
6

Limited Pumose Attorney for Plaintiff
GORDON D. MEADOR

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

GORDON D. MEADOR,

11

Plaintiff,

12

v.

13
14

DR. K. AYE, et al.,

15

Defendants.

Case No. 1:14-cv-0006 DLB PC
DECLARATION OF COUNSEL IN
SUPPORT OF PLAINTIFF'S
REQUEST FOR AUTHORITY TO
INCUR COSTS (APPOINTED
COUNSEL) AND REQUEST
PAYMENT
The Honorable Magistrate
Judge Dennis Beck

16

17

I, Brian C. McComas, declare:

18 I.

INTRODUCTION.

19

1.

The undersigned counsel is an attorney licensed to practice in the State

20 of California and authorized to appear before the California State Courts, the United
21

States Court of Appeals for the Ninth Circuit and the United States District Courts

22 for the Northern, Eastern, and Central Districts of California. The undersigned also
23 has been admitted to practice pro hac vice before the United States District Court
24 for the District ofNevada and the Montana Supreme Court. The undersigned owns
25

26

and operates the Law Office of B.C. McComas.
2.

The undersigned has been appointed by this Court to represent

27

plaintiff, Gordon Meador. Order Appointing Counsel, Meador v. Aye, et ai.,

28

E.D.Cal. Case No. I: 14-cv-00006 DLB PC, Civil Docket Report ("Doc") # 14. Mr.
1

1

Meador alleges that six doctors and one nurse at the California State Prison,

2

Corcoran inflicted intentional pain and suffering in treating his "Osteomyelitis and

3 Discitis"l of the spine. Complaint, at 5 (Doc #1). He alleges that the doctors'
4

maltreatment resulted in severe back pain and paralysis. ld.

3.

5

The undersigned submits this declaration in support of his request for

6

expenses necessary to obtain case files and visit Mr. Meador. The expenses

7

requested herein are reasonably calculated so that the undersigned can complete

8

necessary tasks, including preparation of the amended complaint, as ordered by this

9 Court. The undersigned respectfully requests that the Court authorize the requested
10

expenses.

11

n.

12

PROCEDURAL HISTORY.

4.

On January 2,2014, Plaintiff filed his complaint pro per and

13

moved to proceed in forma pauperis. Docs # 1 and 2. This Court granted the

14

motion. Doc #5.

15

5.

On January 8,2015, Plaintiff moved for a preliminary injunction.

16

Doc #6. He requested that he be placed in the medical hospital because he was

17

confmed to a wheelchair and had suffered numerous falls. ld. at 3.

18

6.

On January 16, 2015, this Court denied the motion for a preliminary

19

injunction. Doc #7. The Court also denied the complaint with leave to amend. Doc

20

#8. The Court found: "Plaintiffs complaint fails to state a claim upon which relief

21

may be granted under section 1983. The Court will provide Plaintiff with an

22

opportunity to file an amended complaint:' ld. at 9. The Court ordered plaintiff to

23
24

25
26
27
28

The undersigned is informed that "Osteomyelitis" is a rare but serious
infection of the bone. See WebMd, Osteomyelitis, available at: http://www.
webmd.comlpain-managementlosteomyeltis-treatment-diagnosis-symptoms (last
accessed March 2, 2015). The undersigned is informed that "Discitis" (or
"Diskitis") is a rare but serious infection of the spinal vertebrae. Healthline,
Discitis, available at: http://www.healthline.comihealthidiskitiS#Overviewl (last
accessed March 2, 2015).
L

2

1 file an amended complaint within 30 days of its order. ld. at 10.

7.

2

On February 3,2015, the undersigned counsel was contacted by the

3 Court's ADR and Pro Bono Program Director, Sujean Park. The undersigned was
4

informed of this Court's desire to appoint counsel to meet with Plaintiff and prepare

5 and file an amended complaint on his behalf. The undersigned agreed to represent
6 Plaintiff.

8.

7

8

On February II, 2015, the Court appointed the undersigned as

Plaintitrs counsel for the "limited purpose of investigating the claim. then drafting

9 and filing an amended complaint." Doc #14, at 1. The Court ordered that the
to

amended complaint be filed within 90 days (May 23, 2015). ld.
9.

II

Prior to February 11,2015, Plaintiff was incarcerated at California

12

State Prison, Corcoran. On February 13,2015, the Undersigned was infOImed that

13

he was being transferred to Califorina State Prison, R.I. Donovan in San Diego,

14 California. That day, the undersigned wrote to Plaintiff and informed him of
15

counsel's appointment.
10.

16

The undersigned is informed that on February 14,2015, Plaintiffwas

17

transferred from R.I. Donovan to the California Men's Colony in San Luis Obispo

18

due to medical concerns. The undersigned is informed that Plaintiff was then

19

transferred back to RJ. Donovan on February 28, 2015. On March 4, 2015, the

20 undersigned confirmed that Plaintiff was incarcerated at R.I. Donovan.
1L

21

On March 4, 2015, the undersigned counsel submitted a request for

22

authorization to visit with Plaintiff on April 22 and 23, 2015 from 9:00 am to 2:00

23

pm at RJ. Donovan. On March II, 2015, the request was approved.

24

TIL

25

REQUEST FOR AUTHORIZATION TO INCUR COSTS FOR
SERVlCESMtPUIRED TO MEET WITH PLAINTIFF AND
PREPARE
AMENDED COMPLAINT.

26

12.

The undersigned counsel is in the process of reviewing records in

27

Plaintitrs case and researching grounds for his amended complaint. The

28

undersigned wants to facilitate investigation of the case and drafting of the
3

I

complaint as expeditiously as possible. Accordingly, the undersigned is submitting

2

this request for authorization of funds prior to expending any monies on the below

3 described services and expenses. See General Order 510, In re Modification of
4
5

General Order No. 230 (September 29, 2011).
A.

The undersigned needs to collect and review Plaintiff's

6

correctional and medical records from the California Department of Rehabilitation

7

and Corrections. The undersigned is informed that production ofthe records could

8 cost up to $150 in photo-copying and delivery expenses. The undersigned requests
9 authorization to incur these costs should they be necessary to obtain and review
10 Plaintiff's correctional and medical records. See General Order 401, Section 4A(l).
11
12

B.

The undersigned needs to meet with Plaintiff pursuant to the

directions of the Court and its ADR and Pro Bono Coordinator. The undersigned

13 believes that meeting with Plaintiff is essential to learn about his case and assess his
14

disability. The undersigned anticipates visiting Plaintiff twice on April 22 and 23,

15

2015, during one trip from San Francisco to San Diego, so as to maximize

16

investigation and save time. Accordingly, the undersigned requests authorization to

17

incur the following costs, which are necessary to meet with Plaintiff:

18

1.

Airline Tickets. To visit PlaintitT, the undersigned

19

must travel from his office, in San Francisco, to the California State Prison, R.J.

20

Donovan, in San Diego. The undersigned is informed that driving between the

21

cities will take approximately 16-18 hours. Accordingly, the undersigned believes

22

that flying is a more efficient means of visiting PlaintitT. The undersigned is

23

informed that airline tickets cost approximately $184 round trip. See Fed Travel,

24

San Francisco to San Diego Flights, available at: http://www.fedtravel.coml

25

flight-search.html (last accessed March 12,2015).

26

II.

Car Rental. The undersigned will need to rent a car to

27

travel from the San Diego Airport to R.J. Donovan Prison. The undersigned is

28

informed that renting an economy car for two days will cost approximately $130.
4

1 See Fed Travel, San Diego Car Rentals, available at: http://www.fedtraveLcom!

2 car-search.html #TopResult (last accessed March 12, 2015).

iii.

3
4

Lodging. The undersigned will need one night stay at a

hotel in San Diego between visits with Plaintiff. The undersigned is infonned that

5 the per diem rate for a one night stay in San Diego is $142. See Fed Travel, San
6

Diego Hotels, available at: http://www.fedtraveLcomihotel-search.html (last

7

accessed March 12, 20 IS).

8

IV.

Food and Miscellaneous Expenses. The trip from San

9 Francisco to San Diego and back will take more than 10 hours. Thus, the
10

undersigned is authorized to incur food and miscellaneous expenses at per diem

11

rates. See U.s. General Services Administration, Office Travel Basics, available at:

12

http://gsa.gov /portaV category/1021Sl (last accessed March 12,2015). The

13

undersigned is infonned that the current per diem rate for meals and expenses for

14

two days is $142. See U.S. General Services Administration, FY 2015 Per Diem

15

Rates for San Diego, California. available at: http://www.gsa.gov!portaV

16

category!100120 (last accessed March 12,2015).
C.

17

18

In sum, the undersigned requests authorization of approximately

$700 for copying and travel costs necessary to visit with Plaintiff and prepare the

19 amended complaint. See General Order 401, Section 4A(5-6).
20
21

13.

The undersigned believes that the above requested expenses are

reasonable and necessary to effectively represent Plaintiff. The undersigned intends

22 to prepare and file the amended complaint by its current due date of May 12, 2015,
23

or as reasonably soon as possible before or after that date. To do so, the

24 undersigned requests authorization ofthe above described costs for expenses
25 necessary to obtain documents and interview Plaintiff.
26
27

I declare under penalty ofperjury, as defined by the laws of California and
the United States, that the foregoing is true and correct, and that this declaration was

28 executed in San Francisco, California.
5

1

Dated: March 12,2015

lsi Brian C. McComas

2

BRIAN C. McCOMAS

3

Limited Purpose

Attomey_ for Plaintiff

GORDON D. MEADOR

4
5
6
7
8
9
10
11

12
13

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6