Tubbs v. Sacramento County Jail et al

Filing 122

ORDER signed by Senior Judge Lawrence K. Karlton on 1/12/09 re 121 ORDERING that the court APPROVES the expenditure of $2,000 as requested by counsel. (cc CFS) (Duong, D) Modified on 1/12/2009 (Duong, D).

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Carter C. White, CSB # 164149 U.C. Davis Civil Rights Clinic One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 [phone] Fax [phone] [e-mail] Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAVARIS TUBBS, ) ) Plaintiff, ) ) vs. ) ) SACRAMENTO COUNTY JAIL, ET AL., ) ) Defendants. ) ) ) NO. 2:06-CV-00280-LKK-GGH APPOINTED COUNSEL'S EX PARTE REQUEST FOR AUTHORITY TO INCUR COSTS Trial Date: January 21, 2009

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PART I I, Carter C. White, declare: 1. I am an attorney admitted to practice law in the State of California and in the

United States District Court for the Eastern District of California. I am the Supervising Attorney of the King Hall Civil Rights Clinic ("Clinic"), appointed attorney of record for plaintiff in this action. 2. In this case the plaintiff, Mr. Tubbs, a detainee in the Sacramento County Jail,

alleges, among other things, that the Defendants violated his constitutional right to be free from excessive force. The Court appointed the Clinic to represent plaintiff in February 2007 (see Doc. 24). The case is set to be tried to a jury on January 21, 2009. On January 8, 2009, in a conference call with the Court, it was resolved that the deposition of one defendant would be taken prior to trial, and that the parties would split the expenses of transcribing and

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videorecording the deposition. 3. In addition, plaintiff needs to subpoena several witnesses, and will incur the

expenses of witness, mileage and service fees. I believe it is reasonably necessary for these two expenditures of funds to be made in order to effectively represent the plaintiff in the trial of this matter. I believe these expenses will total no more than $2,000. 4. 5. To date no other cost payments have been approved by the Court in this case. I understand and agree that all of the costs requested of, and paid by the Court in

this case will be reimbursed out of any recovery or settlement received for the plaintiff. 6. $2,000. Based upon the foregoing, I request that this Court authorize the expenditure of

I declare under penalty of perjury that the foregoing is true and correct and that this is executed this 9th day of January 2009, in Yolo County, California. /S/ Carter C. White ____________________________________ Carter C. White Attorney for Plaintiff

The above expenditure is X ________ Approved. (The funds shall be paid from the nonappropriated fund.) Disapproved.

Dated: January 12, 2009.

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