Benson v. Davis Enterprise Newspaper et al

Filing 230

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/2/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Kevin Schwin is GRANTED. (Crouch, J)

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

~erebY Jamison
Plaintiff(s)

No. ~:1 Cl-cv-00124-KJM-EFB

vs.

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~aVis Enterprise Newspaper, et. al.
Defendants.

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

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

I,

~evin Schwin

, attorney for plaintiff(s), declare as follows:

r~~~~~~=~.uuJ:.in~thi!!l·~s. action on IMay 11, ~011
, by the
, United States District Judge/Magistrate Judge.
Honorable Edmund F. Brennan
I believe that the following course of action is reasonably necessary to the prosecution of this
action:
Please see:
ITACHMENT TO REQUEST FOR AUTHORITY TO INCUR COSTS (APPOINTED COUNSEL) AND REQUEST FOR
AYMENT

Counsel seeking reimhnrsem(mt must support all claimed eXl}cnses by subniitting invoices, receipts or simiiar
documentation. Without such 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 $ 1274.38
I therefore request that this court authorize the expenditure in an amount not to exceed that stated
above for the completion of this contemplated course of action.

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ATIACHMENT TO

REQUEST FOR AUTHORITY TO INCUR COSTS (APPOINTED COUNSEL)

AND REQUEST FOR PAYMENT

I needed to take three expert depositions in three different locations on April 8, 2015 and April 9, 2015.
I started the trip from my office in Fresno and traveled to Elk Grove, California, for the deposition of
Dr. Bruce P. Barnett, who was designated by Defendants in this case to testify as an expert witness. After
the deposition, I traveled to Stockton, California, and stayed overnight at the Clarion Inn & Suites in
Stockton. The following day, April 9, 2015, I traveled from the Clarion Inn & Suites in Stockton to
the California Healthcare Correctional Facility for the deposition of Melissa Salisbury, RN. Ms.
Salisbury assisted with treatment of Plaintiff for the asthma attack at issue in this case. After the
completion of Ms. Salisbury's deposition, I traveled to the DVI Correctional Facility in Tracy,
California. to take the deposition of Dr. Sambrajya Palagummi. Dr. Palagwruni evaluated
Plaintiff upon arrival at DVI and determined Plaintiff had certain ADA restrictions that are at
issue in this case. After the depositions of Ms. Salisbury and Dr. Palagummi, I traveled back to
my office in Fresno. I seek approval to incur $79.92 in lodging expenses for the stay in Stockton
overnight. I shopped around to find the best available hotel rates and $79.92 ($74.00 plus tax)
was the best available. I further seek reimbursement for 338.2 miles of travel times the current
mileage reimbursement rate of $0.575, totaling $194.46. I have attached my hotel confirmation
and Google Maps print-outs verifying the expenses.

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REQUEST OF PRO BONO FOR PRE-APPROVAL OF EXPENDITURES - PAGE 2
Case Number: P:1Q.cv.(J0124-KJM-EFB

The following payments of costs have been heretofore approved in this matter:
Amount
Approved

Amount
Paid

Purpose

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

Signed this I22nd

day of ~ctober

, 20 ~ ,at /Fresno

, California.

Attorney for Plaintiff(s)

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The above expenditure is _ _---.;Approved
Ort

---Denied

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

rule _ _-" on _ _ _ _ _ _ _----J. at _ _ _-', _.M. in Courtroom
Number_ __

to

Dated:

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