Fosselman v. Gibbs et al

Filing 140

ORDER requiring supplemental declaration from Plaintiff re 132 Order. Signed by Magistrate Judge Nandor J. Vadas on October 5, 2012. (njvlc2, COURT STAFF) (Filed on 10/5/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LORENZO FOSSELMAN JR.,
Plaintiff,

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v.

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RANDOLPH GIBBS, M.D., et al.,

ORDER REQUIRING SUPPLEMENTAL
DECLARATION FROM PLAINTIFF IN
ADVANCE OF HEARING ON MOTION
TO ENFORCE
(Doc. No. 132)

Defendants.

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United States District Court
Northern District of California

Case No.: 4:06-cv-00375-PJH

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In its Order Requiring Parties To Appear At Hearing On Motion To Enforce (Doc. No.

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132, “Order”), the Court required the parties to address certain issues. See id. at 1. Because

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Plaintiff had claimed different amounts of sanctions over time, the Court ordered Plaintiff to

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clarify the amount of sanctions he sought in his motion. Id. Defendants responded to the Order,

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arguing that many if not most of the charges Plaintiff sought in his motion were not actually

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incurred by Plaintiff, or were not legal charges. See Doc. Nos. 138 & 139.
In advance of the November 13, 2012 hearing, the Court orders Plaintiff to submit a

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written statement of the actual and reasonable out-of-pocket costs he incurred in connection with

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the documents the Court previously identified (see Doc. No. 108 at 4): the Second Motion to

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Compel (Doc. No. 60), the Reply to the Second Motion to Compel (Doc. No. 67), the Motion for

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Reconsideration (Doc. No. 86), and the Motion for Sanctions (Doc. No. 96). Only reasonable

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out-of-pocket costs are recoverable. Photocopying and postage expenses that were paid by

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CDCR are not recoverable by Plaintiff. Plaintiff shall file his supplemental declaration no later

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than October 31, 2012.

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Dated: October 5, 2012

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________________________
Nandor J. Vadas
United States Magistrate Judge

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United States District Court
Northern District of California

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