Sykes v. Athannasious et al

Filing 142

ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Rebecca Ihejirika is GRANTED. (Crouch, J)

11 ,

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff(s)
No.

vs.

IAT~~NNASIOUS, ~t at,
Defendants.

12:12-CV-257(HlN-KJN .......

m m m m • • • • • • • • •"

•••

_.

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

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,

IREBECCA E. IHEJIRIKA

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

;.::-.:.:::=....:;.:..,:.==.::.::...~=~~i=n:...:t;:.:;hi::;::;:·s. action on IAPRll 24, 2014
.... , by the
Honorable KENDAlLJ. NEWMAN
~ United State~' Di~trict JudgelMagistrate Judge.
I believe that the following course of action is reasonably necessary to the prosecution of this
action:
The services of a medical expert to review Plaintiffs medical records are required in order to rebut Defendant's
experts, evaluate the level of medical care provided to Plaintiff in the context of applicable industry standards
and evaluate Plaintiffs claim of deliberate indifference and medical malpractice, as well as the medical
consequences to Plaintiff in the alleged delayed treatment and alleged improperly performed medical
services. The amount below is a reasonable estimate of the costs to be incurred based on the referral fee and
retainer requested to obtain a review of Plaintiffs medical records and properly advise Plaintiffs counsel.
Although, if the expert be required to prepare an expert report, testify at trial. the amount below is not
anticipated to cover the costs for such services. Submitted herewith are the expert's Curriculum Vitae, Fee
Schedule and Retainer Agreement for the Court's consideration.
;
Counsel seeking reimbursement must support an claimed expenses'by'subm.lttlnglnvoices, receipts or silJiilar
documentation. Without such documentatioD, 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 $ j1,650.00
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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MILTON SYKES v. ATHANNASIOUS et al.,
2:12-cv-TLN-KlN
REQUEST OF PRO BONO FOR PRE-APPROVAL OF EXPENDITURES
CONTINUATION OF REQUEST EXPLANATION:

Plaintitr s counsel has diligently sought to retain the services of a medical expert but has been
unable to do so without having to utilize the services of a medical experts' referral agency. All
agencies requested referral fees.
Ofall the referral agencies researched and contacted by Plaintiff's counsel, the one herein
presented for the court's approval has been the most reasonable, professional, co-operative and
hands-on. This agency has referred an expert whose rate and estimated time is reasonable. This
agency has also made possible and encouraged access to the expert, unlike other agencies that
required for example, payment of a $2,000.00 retainer (which included a referral fee) BEFORE
providing the expert's infonnation or billing rate.

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REQUEST OF PRO BONO FOR PRE-APPROVAL OF EXPENDITURES - PAGE 2
Case Number:

1~:1~~~~~7~~T~~=~~_mm ___.... _J

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

.,

Amount
Paid

Purpose

I
II
I

L

. . mm I

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

Signed this l17th

1

day of

The above expenditure is

IAUGUST __'___"mm

/

__ ' , 20 [16 m' , at ISACRAMENT() . .

Approved

. , California.

----Denied

Or,

____Good cause appearing therefore, this matter is set for discovery conference, pursuant
to rule _ _-", on _ _ _ _ _ _ _ _-----?' at _ _ _ _-", _.M. in Courtroom
Number- - - - '
Dated:

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